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HomeMy WebLinkAbout20190425 Ver 1_PREFILE RE Ext PNG - Duke Marshall Stream Restoration_20201026Strickland, Bev From: Darr, Alex <DarrA@pondco.com> Sent: Monday, October 26, 2020 10:48 AM To: Johnson, Alan Cc: Barksdale, Flynt Subject: RE: [External] Piedmont Natural Gas - Duke Marshall Stream Restoration Attachments: DWR Pre -Filing Meeting Request Form.pdf, Pre -Construction Notification (PCN) Form.pdf External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Alan, There is only one stream restoration project. Apologies for the confusion. The official project name listed on the permit submittals is Duke Marshall Stream Restoration. See attached for the DWR Pre -Filing Meeting Request Form. We do have a USACE project number, as this e-PCN was submitted prior to the pre -filing meeting request. (SAW-2020-01619). See attached for a copy of the e-PCN submittal. This project is located within and adjacent to the Duke Marshall (Line 451) Natural Gas Pipeline project which spanned Lincoln and Catawba Counties. There are no active permit applications associated with the natural gas pipeline project. All permits for this project have been submitted, approved, and the work is underway / nearing completion. The DWR number associated with the pipeline project is 19-0425. Feel free to give me a call to discuss further (336-899-9806). Thanks, Alex Darr Environmental Scientist I Environment and Water Resources Pond 13500 Parkway Lane I Suite 500 Peachtree Corners, Georgia 30092 T 678.336.7740 1 F 678.336.7744 1 Direct 470.678.8899 www.Dondco.com 1978 1 Top 500 Design Firm I Engineering News -Record (ENR) OEM NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and delete the material from any computer. From: Johnson, Alan <alan.johnson@ncdenr.gov> Sent: Monday, October 26, 2020 10:39 AM To: Darr, Alex <DarrA@pondco.com> Subject: RE: [External] Piedmont Natural Gas - Killian Creek Stream Restoration IEXTERNAL EMAIL I am a bit confused. Do you have two (or three) different projects Duke Marshall Station and a Piedmont Gas line project. ????? Killian Creek restoration Different names and subject names are being used Thanks Alan Division of Water Resources Alan D Johnson — Senior Environmental Specialist NC Dept. of Environment & Natural Resources (NCDENR) Division of Water Resources - Water Quality Regional Operations 610 East Center Ave., Suite 301, Mooresville, NC 28115 Phone: (704) 235-2200 Fax:(704) 663-6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Darr, Alex [mailto:DarrA@pondco.com Sent: Wednesday, October 21, 2020 8:27 AM To: Johnson, Alan <alan.iohnson@ncdenr.gov>; Perez, Douglas J <doug.perez@ncdenr.gov> Cc: Barksdale, Flynt <BarksdaleF@pondco.com> Subject: RE: [External] Piedmont Natural Gas - Killian Creek Stream Restoration External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Great! You should have received a meeting invite. Attached is the photograph log we submitted with the PCN along with a couple of additional photos from June. Thanks, Alex Darr Environmental Scientist I Environment and Water Resources Pond 13500 Parkway Lane I Suite 500 Peachtree Corners, Georgia 30092 T 678.336.7740 1 F 678.336.7744 1 Direct 470.678.8899 www.Dondeo.com 1 *78 1 Top 500 Design Firm I Engineering News -Record (ENR) © ® D NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and delete the material from any computer. From: Johnson, Alan <alan.iohnson@ncdenr.gov> Sent: Wednesday, October 21, 2020 8:20 AM To: Darr, Alex <DarrA@pondco.com> Subject: RE: [External] Piedmont Natural Gas - Killian Creek Stream Restoration IEXTERNAL EMAIL Do you have good photo(s) of the stream. I saw the plan, it is a limited stream segment, so I agree an actual visit shouldn't be needed. DWR Dlvislon of Water Resources Alan D Johnson — Senior Environmental Specialist NC Dept. of Environment & Natural Resources (NCDENR) Division of Water Resources - Water Quality Regional Operations 610 East Center Ave., Suite 301, Mooresville, NC 28115 Phone: (704) 235-2200 Fax:(704) 663-6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Darr, Alex [mailto:DarrA@pondco.com] Sent: Wednesday, October 21, 2020 7:42 AM To: Johnson, Alan <alan.iohnson@ncdenr.gov> Cc: Perez, Douglas J <doug.perez@ncdenr.gov>; Barksdale, Flynt <BarksdaleF@pondco.com> Subject: RE: [External] Piedmont Natural Gas - Killian Creek Stream Restoration • External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to rMMWam@nc.gov Alan, Does your office require an in person meeting or does a virtual Microsoft Teams meeting suffice? Thanks, Alex Darr Environmental Scientist I Environment and Water Resources Pond 13500 Parkway Lane I Suite 500 Peachtree Corners, Georgia 30092 T 678.336.7740 1 F 678.336.7744 1 Direct 470.678.8899 www.Dondco.com 1 *78 1 Top 500 Design Firm I Engineering News -Record (ENR) #1 f I in T) NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and delete the material from any computer. From: Johnson, Alan <alan.iohnson@ncdenr.gov> Sent: Tuesday, October 20, 2020 3:19 PM To: Darr, Alex <DarrA@pondco.com> Cc: Perez, Douglas J <doug.perez@ncdenr.gov> Subject: RE: [External] Piedmont Natural Gas - Killian Creek Stream Restoration IEXTERNAL EMAIL Be sure to bring these plans Thanks DWR Dh4slon of Water Resources Alan D Johnson — Senior Environmental Specialist NC Dept. of Environment & Natural Resources (NCDENR) Division of Water Resources - Water Quality Regional Operations 610 East Center Ave., Suite 301, Mooresville, NC 28115 Phone: (704) 235-2200 Fax:(704) 663-6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Darr, Alex [mailto:DarrA@pondco.com] Sent: Tuesday, October 20, 2020 2:52 PM To: Johnson, Alan <alan.iohnson@ncdenr.gov> Cc: Perez, Douglas J <doug.perez@ncdenr.gov>; Barksdale, Flynt <BarksdaleF@pondco.com> Subject: RE: [External] Piedmont Natural Gas - Killian Creek Stream Restoration 0 rnal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to o nc. ov Alan, See the attached PDF for the Issued for Permitting set of plans for the project. I will send out a meeting invite for November 3 at 1:00 pm. If you have conflict at that time, feel free to suggest a new time. Much appreciated, Alex Darr Environmental Scientist I Environment and Water Resources Pond 13500 Parkway Lane I Suite 500 Peachtree Corners, Georgia 30092 T 678.336.7740 1 F 678.336.7744 1 Direct 470.678.8899 www.pondco.com 1978 1 Top 500 Design Firm I Engineering News -Record (ENR) ® ® 0 NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and delete the material from any computer. From: Johnson, Alan <alan.iohnson@ncdenr.gov> Sent: Tuesday, October 20, 2020 2:38 PM To: Darr, Alex <DarrA@pondco.com> Cc: Perez, Douglas J <doug.perez@ncdenr.gov> Subject: RE: [External] Piedmont Natural Gas - Killian Creek Stream Restoration IEXTERNAL EMAIL Can you forward the proposed stream plan to review. Tentatively, I can do the 23rd, Nov 3 and 5..... are the earliest DWR Dh4slon of Water Resources Alan D Johnson — Senior Environmental Specialist NC Dept. of Environment & Natural Resources (NCDENR) Division of Water Resources - Water Quality Regional Operations 610 East Center Ave., Suite 301, Mooresville, NC 28115 Phone: (704) 235-2200 Fax:(704) 663-6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Darr, Alex [mailto:DarrA@pondco.com] Sent: Monday, October 12, 2020 3:44 PM To: Johnson, Alan <alan.iohnson@ncdenr.gov> Cc: Barksdale, Flynt <BarksdaleF@pondco.com> Subject: [External] Piedmont Natural Gas - Killian Creek Stream Restoration External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to 111011—parn2nc.gov Hi Alan, I am following up to a voicemail I just left you. Our team spoke with you earlier this year regarding an upcoming project near Denver, North Carolina along Killian Creek. We have submitted the electronic PCN and associated request for express 401 water quality certification. If you will, please give me a call at your convenience (Office: 470.678.8899 or Cell: 336.899.9806). Thank you, Alex Darr Environmental Scientist I Environment and Water Resources Pond 13500 Parkway Lane I Suite 500 Peachtree Corners, Georgia 30092 T 678.336.7740 1 F 678.336.7744 1 Direct 470.678.8899 www.pondco.com 1078 1 Top 500 Design Firm I Engineering News -Record (ENR) 1350130 NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and delete the material from any computer. Contact Name * Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Is this a transportation project?* Alex Darr Darra@Pondco.com Jason Brown; Piedmont Natural Gas Company, Inc. Duke Marshall Stream Restoration Lincoln Street Address 4720 Piedmont ROW Drive Address Line 2 City Charlotte Fbstal / Zip Code 28210 r Yes r No Type(s) of approval sought from the DWR: 17- 401 Water Quality Certification - W 401 Water Quality Certification - Regular Express F Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No State / Rovince / Fbgion North Carolina Country United States Do you know the name of the staff member you would like to request a meeting with? Alan Johnson; Alan.Johnson@ncdenr.gov Please give a brief project description below.* The purpose of the proposed project is to restore the reach of Killian Creek which bisects Piedmont Natural Gas's utility right-of-way. The project bounds have been extended outside of the existing right-of-way to tie the stream restoration into an appropriate, stable portion of Killian Creek up and downstream of the proposed project area. The degraded and unstable stream has resulted in concerns of utility asset integrity. Piedmont Natural Gas has a 20-inch natural gas pipeline within their easement that is at risk of exposure if the stream continues to laterally and vertically erode, incise, and undercut. The restoration activities would restore the unstable reach of Killian Creek utilizing Rosgen Natural Channel Design techniques in order to improve the conditions of the resource, water quality, aquatic habitat, and to protect the utility asset. The proposed stream restoration project initiates at latitude 35.508786, longitude-81.039435 and then continues downstream along 457 linear feet of existing unstable Killian Creek stream channel. The restoration activities would include the installation of natural stream structures such as toe wood, root wads, log veins, and rock veins / rock j-hooks. The restoration would also include the installation of riffle, pool, glide, and run sequencing to improve habitat, sediment transport characteristics, and stability. An appropriate sinuosity, bankfull elevation, floodplain shelf, and point bars would be established for the proposed project to remedy the existing vertical streambanks. The proposed stream banks and riparian buffer would be restored with coir fiber matting, native riparian seed mix, and various tree species. Live willow stakes will be installed on the proposed stream banks. No indirect impacts are anticipated with the proposed project. The project will be accomplished utilizing typical equipment such as excavators, graders, pump around devices, turbidity curtains, and appropriate erosion control best management practices. The project is sequenced by installation of best management practices, stream restoration activities, continual maintenance of best management practices, implementation of the revegetation plan, final stabilization, removal of best management practices, and project completion. The limits of disturbance surrounding the stream restoration reach have been expanded to allowfor selective harvesting of woody material for instream structures and prevent excessive clearing. Upon the initiation of this project during the water's delineation, significant instability, erosion, and bank avulsion were clearly observed. At that time, the stream could be seen rerouting itself and creating a new channel near the point of tangency of the low radius bend within the proposed restoration reach. Recently observed during follow-up site visits, the stream has completed the creation of this new channel and has abandoned the low radius bend, creating what can now be observed as an oxbow feature in the relic stream channel. The impacts to be included in the pre - construction notification account for the abandonment of the relic channel bend, the restoration of the stream reach, and the temporary impacts for best management practices (turbidity curtain / dam & pump around device). Impacts associated with this project would include permanent impact to 331 linear feet of stream (restoration), permanent loss of 126 linear feet of stream (loss of relic channel), and temporary impact to 35 linear feet of stream (construction best management practices). This project was originally discussed on March 24th, 2020 between Flynt Barksdale (Pond and Company) and Alan Johnson (NCDEQ). Please give a couple of dates you are available for a meeting. 10/16/2020 10/19/2020 10/21 /2020 10/26/2020 Please attach the documentation you would like to have the meeting about. Attach ment_E_DukeMarshall_Plans_IFP_08.2... 17.03MB Attach ment_I_ProjectFigures_07.07.2020.pdf 6.92MB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * cam'-�C��a�Ft t r Submittal Date 10/13/2020 DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 11, 2020 Ver 3.1 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govMaterResources/O/edoc/624704/PCN % 20Help / 20File % 202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Lincoln Is this a NCDMS Project* r Yes r No Dick Yes, only if NCUVS is the applicant a co -applicant. Is this project a public transportation project?* r Yes r No This is any publicly funded by rrunicipaistate a federal funds road, rail, airport transportation project. 1a. Type(s) of approval sought from the Corps:* W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What types) of permit(s) do you wish to seek authorization?* W Nationwide Permit (NWP) C Regional General Permit (RGP) C Standard (IP) This form may be used to initiate the standard/individual permit process With the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form. 1c. Has the NWP or GP number been verified by the Corps?* r Yes IT No Nationwide Permit (NWP) Number: 27 - Restoration NWP Numbers (for multiple NWPS): List all WV nunbers you are applying for not on the drop down list. 1d. Type(s) of approval sought from the DWR:* check all that apply r 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* r Yes r No P 401 Water Quality Certification - Express r Riparian Buffer Authorization * O Yes r No r Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? f so, attach the acceptance letter fromrtitigation bank or in -lieu fee program r Yes r No Acceptance Letter Attachment dick the upload button or drag and drop files here to attach document RLETYFEM ESTBEFLF 1h. Is the project located in any of NC's twenty coastal counties?* r Yes r No 1j. Is the project located in a designated trout watershed?* C Yes r No Link to trout information: http://wwvv.saw.usace.army.millMissions/Regulatory-Permit-Prograrr✓Agency-Coordinationrrrout.aspx B. Applicant Information CJ la. Who is the Primary Contact?* Jason A. Brown 1b. Primary Contact Email:* Jason.Brov,n6@Duke-Energy.com 1d. Who is applying for the permit?* W Owner (beck all that apply) 1e. Is there an Agent/Consultant for this project?* r Yes C No 2. Owner Information 2a. Name(s) on recorded deed:* Piedmont Natural Gas Company, Inc., Denrock Company (See Attachment A - Easement Agreement) 2b. Deed book and page no.: Deed Book -Page: 1781-140; Parcel ID 02293; PIN 3694378614; Deed Book -Page: 1721-746; Parcel ID 74449; PIN 3694291204; Deed Book -Page: WA; Parcel ID 02295; PIN 3694390080 2c. Responsible party: (for Corporations) Piedmont Natural Gas Company, Inc. 2d. Address* Street Address 4720 Piedmont Row Drive Address Line 2 city Charlotte Postal / Zip Code 28210 2e. Telephone Number:* (xxx)xxx-xxxx (704)731-4681 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* Jason-Brown6@Duke-Energy.com 4. Agent/Consultant (if applicable) 4a. Name:* Flynt Barksdale 4b. Business Name: (d applicable) Pond and Company 4c. Address* 1c. Primary Contact Phone:* (Xxx)xxx-xxxx (704)731-4681 r Applicant (other than owner) State / Province / legion North Carolina Country United States Street Address 3500 Parkway lane Address Line 2 Suite 500 city Peachtree Corners postal / Zip Code 30092 4d. Telephone Number:* (678)459-2470 (xxx)xxx-xxxx 4f. Email Address:* BarksdaleF@Pondco.com Agent Authorization Letter* Rease provide the Agent Authorization Letter 9 you are submitting this docunent. Attachment B AgentAuthorizationForm Signed.pdf RLETYPEM1Si BEFCF Slate / Frovince / Region Georgia Country United States 4e. Fax Number: (xxx)xxx-xxxx 72.94KB C. Project Information and Prior Project History 1. Project Information U 1a. Name of project:* Duke Marshall Stream Restoration 1b. Subdivision name: (i appropriate) 1 c. Nearest municipality / town:* Denver, North Carolina 2. Project Identification U 2a. Property Identification Number: 2b. Property size: (tax RN or parcel ID) (in acres) 02293 318 2c. Project Address Street Address Forney Hill Road Address Line 2 (Sty State / Rovirce / Region Denver North Carolina Fbstal / Zip Cide Country 28037 United States 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.5087886-81.039435 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Killian Creek 3b. Water Resources Classification of nearest receiving water:* C Surface Water Lookup 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located.* 030501011303 River Basin Lookup 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The land use in the vicinity of the project area is primarily mixed pine -hardwood forest and a maintained utility right-of-way. Killian creek bisects the proposed project area and utility right-of-way flowing from west to east. The portion of Killian Creek within the project area is highly eroded, unstable, and degraded due to upstream development and impervious surface runoff contributions. Development, in conjunction with recent heavy rain events, has resulted in unstable streambank conditions. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) dick the upload button or drag and drop files here to attach document Attachment _C_USGS Topo Map.pdf File type mist be pdr 5.58MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) nick the upload button or drag and drop files here to attach document Attachment_D_NRCS soils Map.pdf 511.7KB File type must be pdf 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: (intemfttent and perennial) 980 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to restore the reach of Killian Creek which bisects Piedmont Natural Gas's utility right-of-way. The project bounds have been extended outside of the existing right-of-way to tie the stream restoration into an appropriate, stable portion of Killian Creek up and downstream of the proposed project area. The degraded and unstable stream has resulted in concerns of utility asset integrity. Piedmont Natural Gas has a 20-inch natural gas pipeline within their easement that is at risk of exposure if the stream continues to laterally and vertically erode, incise, and undercut. The restoration activities would restore the unstable reach of Killian Creek utilizing Rosgen Natural Channel Design techniques in order to improve the conditions of the resource, water quality, aquatic habitat, and to protect the utility asset. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed stream restoration project initiates at latitude 35.508786, longitude-81.039435 and then continues downstream along 457 linear feet of existing unstable Killian Creek stream channel. The restoration activities would include the installation of natural stream structures such as toe wood, root wads, log vanes, and rock vanes/ rockj-hooks. The restoration would also include the installation of riffle, pool, glide, and run sequencing to improve habitat, sediment transport characteristics, and stability. An appropriate sinuosity, bankfull elevation, floodplain shelf, and point bars would be established for the proposed project to remedy the existing vertical streambanks. The proposed stream banks and riparian buffer would be restored with coir fiber matting, native riparian seed mix, and various tree species. Live willow stakes will be installed on the proposed stream banks. No indirect impacts are anticipated with the proposed project. The project will be accomplished utilizing typical equipment such as excavators, graders, pump around devices, turbidity curtains, and appropriate erosion control best management practices. The project is sequenced by installation of best management practices, stream restoration activities, continual maintenance of best management practices, implementation of the revegetation plan, final stabilization, removal of best management practices, and project completion. The limits of disturbance surrounding the stream restoration reach have been expanded to allow for selective harvesting of woody material for instream structures and prevent excessive clearing. Upon the initiation of this project during the water's delineation, significant instability, erosion, and bank avulsion were clearly observed. At that time, the stream could be seen rerouting itself and creating a new channel near the point of tangency of the low radius bend within the proposed restoration reach. Recently observed during follow-up site visits, the stream has completed the creation of this new channel and has abandoned the low radius bend, creating what can now be observed as an oxbow feature in the relic stream channel. The impacts included in this pre -construction notification account for the abandonment of the relic channel bend, the restoration of the stream reach, and the temporary impacts for best management practices (turbidity curtain / dam & pump around device). Impacts associated with this project would include permanent impact to 331 linear feet of stream (restoration), permanent loss of 126 linear feet of stream (loss of relic channel), and temporary impact to 35 linear feet of stream (construction best management practices). 4j. Please upload project drawings for the proposed project. pick the upload button or drag and drop files here to attach document Attach ment_E_DukeMarsh all_Plans_IFP_08.21.2020.pdf 17.03MB File type must be pdr 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r Yes r No Comments: The proposed project includes one resource; Perennial Stream 1, Killian Creek 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: Example: SAM2017-99999 WA 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Flynt Barksdale, Kaili Stevens, Alex Darr Agency/Consultant Company: Pond and Company Other: N/A r Unknown 5d1. Jurisdictional determination upload 607.29KB dick the upload button or drag and drop files here to attach docurrent Attachment_F_PJD (Jason)_Signed.pdf File type mist be PCF 6. Future Project Plans 6a. Is this a phased project?* r Yes R No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. No D. Proposed Impacts Inventory U 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): [ Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 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. "S." will be used in the table below to represent the word "stream". 3a. Reason for impact* (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. IF1mpact (?) Jurisdiction* length* S1 Stream Restoration Permanent Fill ff17Klian Creek Perennial Corps P 15 126 Average (feet) (lin�rfeet) Stream Restoration Permanent Bank Stabilization :fMllian Creek Perennial Cor s P 15 331 Average (fee) (linear feet) S3 Stream Restoration Temporary Dewatering PS 1, Killian Creek Perennial Corps 15 35 Construction - Stream Average (feet) (lines feet) Diversion ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 457 3i. Total temporary stream impacts: 35 3i. Total stream and ditch impacts: 492 3j. Comments: The loss of 126 linear feet of stream accounts for the recent abandonment of the stream channel through natural erosive processes. The combination of a very low radius bend and the excess precipitation experienced throughout the region during late 2019 and early 2020 has resulted in this channel abandonment and realignment through natural processes. The relic channel will be utilized to establish a wetland / floodplain bench as flood relief for the proposed restoration reach. The wetland / floodplain bench vdll increase streambank stability, improve habitat conditions, reduce downstream migration of sediment, and increase the native species diversity through the revegetation plan. The temporary impact to 35 linear feet of stream is intended to provide additional workspace for the installation of a turbidity curtain and dewatering dam and pump around device to segregate the workspace and minimize sedimentation downstream. The permanent impact to 331 linear feet of stream is to accommodate the implementation of the stream restoration design plan per Rosgen Natural Channel Design techniques. E. Impact Justification and Mitigation U 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* Preliminary environmental surveys were conducted during the conceptual phase of this project and included field delineations within and adjacent to the project area to identify all nearby sensitive resources. Using the environmental data collected, the least impactful design plan was chosen, and additional modifications were made to reduce impacts at stream crossings and locations of stream structure installation. Within the surveyed project area, one perennial stream was delineated (Killian Creek). Stream restoration activities and erosion control best management practices have been designed and specified to reduce the impact of construction activities by all means practicable. The use of turbidity curtains, pump around devices, temporary stream crossings, compost filter sock, mulching, native seed mixes, rolled erosion control product, and construction sequencing have been specified in the stream restoration design plans (Attachment E), to minimize unnecessary impacts to Killian Creek. The implementation of a revegetation plan including the use of native riparian and wetland seed mixes, 3-gallon container trees, and 1-gallon shrubs are included in the stream restoration design plan to further restore the unstable reach of Killian Creek. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Construction has been specified in the plans to occur only as weather permits. During and after major storm events where stream flow is elevated, construction will cease until conditions improve. Measures such as pump around devices, turbidity curtains, compost filter sock, mulching, rolled erosion control products, dust control, and temporary stabilization measures will be utilized to minimize the introduction of sediment into the stream. The use of earthen cofferdams will be utilized by the contractor when installing toe wood, root wads, and log/rock vanes in the stream bank. This construction practice, as well as the other erosion control measures specified, are vital in reducing downstream migration of sediment during active construction. The use of timber matting platforms and timber mat stream crossings will be utilized by the construction contractor to reduce instream disturbance. The use of turbidity curtains and a dam and pump around system will minimize the downstream migration of sediment through segregation of the stream restoration workspace. Additionally, construction activities have been sequenced to minimize the length of time for which stream banks remain in disturbed condition and ensure temporary stabilization occurs as soon as possible. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Per the USACE Wilmington District Regional General Conditions (Section 3.2), compensatory mitigation is not required unless a project results in the loss of greater than 150 linear feet of stream channel. This project is necessary to remedy significant bank instability, avulsion, and reduction in resource quality due to aquatic habitat degradation and accelerated downstream sediment migration. The loss in stream length is necessary to reduce the stream bend radius of curvature. If nothing is done, further stream bank avulsion and erosion will occur, resulting in continued degradation of the resource and downstream water quality. The 126 linear feet of stream loss from the recent natural channel abandonment and realignment will be converted into a functional floodplain / wetland shelf as a part of the stream restoration. The floodplain shelf will essentially function as a wetland with hydrology, soils, and vegetation appropriate for a floodplain wetland. The stream restoration activities will include revegetation using appropriate native riparian/wetland seed mixes to accelerate the wetland resource establishment. NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: The project is located in the Catawba River Basin. NC Riparian Buffer Protection Rules do apply in this river basin; however, riparian buffers are only regulated on the mainstem Catawba River and associated lakes from Lake James to the North Carolina / South Carolina border. The lakes along the mainstem which recieve riparian buffer protection include Lake James, Lake Rhodhiss, Lake Hickory, Lookout Shoals Lake, Lake Norman, Mountain Island Lake and the North Carolina portion of Lake Wylie. The Catawba River Riparian Buffer Rule does not apply to the stream (Killian Creek) associated with this project. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* e Yes r No To lookup low density requirement click here 15A NCAC 02H .1003(2). State Stormwater Programs* r" Phase II r- HWO or ORW r Coastal Counties R Other State NPDES Construction Stormwater (NCG01) Comments: As Piedmont Natural Gas Company, Inc. is regulated by the North Carolina Utilities Commission, they fall under the purview of state regulations (i.e. NC Construction Stormwater NPDES - NCG01) rather than local government or municipal regulations. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1.1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* r Yes IT No 3b. If you answered "no," provide a short narrative description. The proposed project is associated with stream restoration activities and will not result in impervious development which would impact nearby downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NtA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes IT No 5e. Is this a DOT project located within Division's 1-8?* r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?* r Yes r No 5g. Does this project involve bridge maintenance or removal?* r Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_ NLEBSLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?** r Yes r No r Unknown 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?* r Yes IT No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* U.S. Fish and Wildlife Service, Information for Planning and Consultation (IPaC) Official Species List for Lincoln County, North Carolina. Based on species habitat requirements, no listed species, aside from the northern long-eared bad (Myotis septentrionalis), indicated as potentially occurring within Lincoln County, North Carolina are anticipated to occur within the project area; therefore, formal coordination with USFWS has not occurred. According to the USFWS 4(d) Rule, incidental take of the northern long-eared bat through tree removal is not prohibited unless it results in removing a known, occupied maternal roost tree, removal activities within 150 feet of a known material root tree from June 1 to July 31, or removing trees within 0.25 miles of a hibernaculum at any time of year. Online review of state resources and field observations do not indicate presence of roost trees or hibernacula in the project area; therefore, it is anticipated that there will be no effect to endangered species. Consultation Documentation Upload nick the upload button or drag and drop files here to attach docurreent Attach ment_G_IPaC_06.03.2020.pdf 871.96KB Rle type mist be FCF 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA National Marine Fisheries Service (NMFS) Essential Fish Habitat (EFH) Mapper. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? North Carolina State Historic Preservation Office (NCSHPO) mapping service 7c. Historic or Prehistoric Information Upload pick the upload button or drag and drop files here to attach document Attachment _H_NCSHPO Map.pdf 588.36KB File must be FOF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: The proposed project design has undergone a hydrologic analysis and no -rise study in accordance with FEMA regulations relating to development in the Zone AE, 100-year floodplain. The no -rise study, engineers certification document, associated FEMA permitting information was submitted and reviewed by the relevant state/local agency. 8c. What source(s) did you use to make the floodplain determination?* FEMA National Flood Hazard Layer Viewer and FIRM Panel 3710369400J. The GIS portal was used in the planning stages to identify the FEMA regulated floodplains. Further, HEC-RAS modeling software was utilized to complete the hydrologic analysis and no -rise study. Miscellaneous Comments Please see the attached supplemental documentation associated with this PCN submittal. Attachments associated with this submittal include: - Attachment A: Easement Agreement Plats Attachment B: Agent Authorization Letter - Attachment C: USGS Topographical Map Attachment D: NRCS Soils Map Attachment E: Stream Restoration Design Plans - Attachment F: Preliminary Jurisdictional Determination Request Form Attachment G: USFWS Information for Planning and Consultation - Attachment H: NCSHPO Resource Map Attachment I: Project Figures - Attachment J: North Carolina Stream Determination Form Attachment K: Photograph Log Attachment L: FEMA No -Rise Permitting Miscellaneous attachments not previously requested. nick the upload button a drag and drop files here to attach document Attachment A EasementAgreements.pdf Attachment I ProjectFig u res_07.07.2020. pdf Attach ment_J_StreamDetermi n ation. pdf Attachment K PhotographLog.pdf 2.38MB 6.92MB 75.66KB 7.25MB Attach ment_L_PNG_KillianCreek_FloodStudy_09.08.2020.pdf 5.17MB File crust be FOF or IQ E Signature u W By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name:* Jason A. Brown Signature * Date 9/14/2020