20100677 Ver 1_401 Application_20100810

r
WETLAND & ECOLOGICAL CONSULTANTS, LLC
August 17, 2010 2 0 1 0 0 6 7 7
Mr. Steve Chapin C 0;?
U.S. Army Corps of Engineers Y
v'
Wilmington District, Asheville Regulatory Field Office
151 Patton Avenue, Room 2o8?
Asheville, North Carolina 288o1-5oo6
Subject: Preconstruction Notification D__; Nationwide Permit Nos. 3 and 18 L
Colonial Pipeline Company
Huntersville Shallow Pipe Repair +J G 1 2 01, 1
Mecklenburg County, North Carolina
WEC Project No. 02-041901 VELAR - WATER GUCLI17
YI'ETLAND. AND `10R:,4iA`E9. M VICH
Dear Mr. Chapin:
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 two existing and serviceable CPC pipelines
known as Lines 1 and 2. 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 Cane Creek at 35.38930 N, 8o.8278° W located in Mecklenburg County,
North Carolina (Figurer).
Background
CPC is committed to operating their pipeline and support facilities in a manner that
protects the safety of the public, environment, and its workforce. The proposed pipeline
maintenance is part of CPC's Integrity Management Program (IMP). The IMP provides
an important means of achieving spill-free, error-free operations. The purpose of the
IMP is to improve the integrity of CPC's system - including pipelines, facilities,
equipment, tanks and delivery lines.
CPC's IMP also meets the requirements of 49 CFR Part 195 - "Pipeline Safety: Pipeline
Integrity in High Consequence Areas (Hazardous Liquid Operators with 500 or More
Miles of Pipeline); Final Rule." § § 195.45o and 195.452 as administered b the U.S.
3225 South Cherokee Lone Phone: 77o-591-999o
Bldg.8oo Fax: [phone]
Woodstock, Georgia 3o188 www.wet-eco.com
PCNNWPNos. 3 and 18 August17, 2010
Colonial Pipeline Company - Huntersuille Shallow Pipe Repair WEC Project No. 02-o41go1
Department of Transportation (USDOT). Federal Code requires a IMP, which includes
prescriptive requirements for inspection of pipeline systems, and requires excavation of
certain defects according to specific schedules. It should be noted that USDOT has
completed an Environmental Assessment (EA) under the National Environmental Policy
Act (NEPA) concerning repairs an operator would have to make to its pipeline following
an integrity assessment. The EA and corresponding Finding of No Significant Impact
concluded that these actions would not significantly affect the quality of the human
environment (Docket No. RSPA-oo-6355)•
The proposed pipeline maintenance is required under CPC's IMP and will be performed
to prevent potential damage to the pipelines and ensure pipeline integrity. The above
referenced maintained ROW contains two, CPC pipelines that transport refined
petroleum: Line 1, which is 40 inches in diameter; and Line 2, which is 36 inches in
diameter. At the above referenced site, due to bank erosion and streambed degradation
(i.e., downcutting), much of the protective cover above these lines has been removed,
and the protection level provided by the cover (which is now less than one foot) does not
meet the standards of CPC's IMP. In accordance with the IMP referenced above, when
such an event is observed, CPC must inspect the pipelines to determine if they have been
damaged and repair the pipes as necessary.
Proposed Activity in Waters of the U.S.
The maintenance activity will require temporary disturbance to approximately 7o linear
feet of an unnamed intermittent stream to stabilize the stream banks and protect the
existing pipeline at this location.
To ensure the integrity of the pipelines at this location, CPC will initially inspect the lines
for any damage. This will require CPC to excavate a small pit at each pipeline crossing,
which will allow CPC personnel to inspect the integrity of the subject pipeline segments.
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
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PCNNWP Nos. 3 and 18 August 17, 2010
Colonial Pipeline Company - Huntersuille Shallow Pipe Repair WECProjectNo. 02-o41go1
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 pipeline inspection, articulated grout revetment mats will be used to cover
the pipelines within the streambed (Appendix C). The mats will provide adequate cover
to protect the exposed pipeline from damages, including high-flow events. The mats will
be "keyed" into both the stream bed and the stream banks. Prior to mat placement, the
streambanks will be "laid back" to increase stability of the mat system. Following
placement of the mats, they will be allowed to harden prior to the return of normal
streamflow; i.e., two-three hours. The articulated revetment mats will be placed within a
70-linear foot segment of the stream channel, and underlaid with geotextile fabric. The
quantity of this "fill material" below the plane of the ordinary high water mark will not
exceed 20 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 (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 1- Navigation
The project site does not occur within navigable waters.
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PCNNWP Nos. 3 and 18 August 17, 2010
Colonial Pipeline Company - Huntersville Shallow Pipe Repair WECProjectNo. 02-o41go1
General Condition 2 - Aquatic Life Movements
The discharge of fill material 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 ? - Spawning Areas
Not applicable.
General Condition 4 - 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 revetment mats
will be allowed to fully harden prior to the return of normal streamflow.
General Condition 7 - Water Supply Intakes
The proposed construction does not include a water supply intake.
General Condition 8 - Adverse Effects from Impoundments
Not applicable.
General Condition o - 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 10 - Fills Within loo-Year Floodplains
The project will not result in above grade fill placed within the loo-year floodplain.
General Condition ii - 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).
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PCNNWPNos. 3 and 18 August 1, 2010
Colonial Pipeline Company - Huntemille Shallow Pipe Repair WEC Project No. 02-041 got
General Condition vi - Removal of Temporary Fills
All temporary water flow diversion devices will be removed immediately following
the maintenance activity.
General Condition 14 - Proper Maintenance
The existing pipelines and ROW will continue to be maintained and inspected on a
regular basis to ensure public safety.
General Condition 15 - 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 i? - Endangered Species
No impacts to federally protected species are expected from this project. According
to current U.S. Fish and Wildlife data, the federally protected species listed to occur
in Mecklenburg County are the Carolina heelsplitter (Lasmigona decorata),
Michaux's sumac (Rhus michauxii), Schweinitz's sunflower (Helianthus
schweinitzii), and smooth coneflower (Echinacea laevigata). At the maintenance
location the small intermittent stream does not provide suitable habitat for Carolina
heelsplitter. Also, the pipeline ROW has been recently mowed and none of the
protected plant species were observed during a field survey of the maintenance
location on July 15, 2oio. The bald eagle (Haliaeetus leucocephalus) is also known
to occur in Mecklenburg County and is protected under the Bald and Golden Eagle
Protection Act; no eagles or suitable habitat were observed in the project area. In
summary this project is not anticipated to adversely affect federally protected
species.
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 ig - 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 USAGE, Wilmington
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PCNNWPNos. 3 and i8 August 17, 2010
Colonial Pipeline Company - Huntersville Shallow Pipe Repair WEC Project No. o2-o4igol
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 North Carolina Division
of Water Quality (DWQ) General Certifications for NWP 3 (WQC No. 3687) and
NWP 18 (WQC No. 3821).
General Condition 22 - Costal Zone Management
Not applicable.
General Condition 23 - Regional and Case-By-Case Conditions
The Wilmington District Final Regional Conditions for Nationwide Permits
1.0 Excluded Waters:
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.
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PCNNWP Nos. 3 and 18 August 17 2010
Colonial Pipeline Company - Huntersuille Shallow Pipe Repair WECProject No. o2-o419o1
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.
The project is located in Mecklenburg County; therefore a
copy of this PCN is being concurrently sent to the USFWS
Asheville Field Office.
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.
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.
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PCNNWPNos. 3 and M Augustly, 2010
Colonial Pipeline Company - Huntersuille Shallow Pipe Repair WEC Project No. o2-o419o1
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 150 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 result in improved 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).
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.
The revetment mats are will be allowed to fully harden prior to the
return of normal stream flow.
3.5 For all Nationwide Permits that allow for the use of riprap
material for bank stabilization:
3.5.1 Filter cloth must be placed underneath the riprap as an
additional requirement of its use in North Carolina waters.
Not applicable. No riprap will be used for this
maintenance project; however, geotextile cloth will be
placed underneath the revetment mats.
3.5.2 The placement of riprap shall be limited to areas depicted
on submitted work plan drawings.
Not applicable. No riprap will be used for this project;
however mats will be placed as depicted in Appendix C.
3.5.3 The riprap material shall be clean and free from loose dirt
or any pollutant except in trace quantities that would not
have an adverse environmental effect.
Not applicable.
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PCNNWP Nos. 3 and 18 August 17, 2010
Colonial Pipeline Company - Huntersuille Shallow Pipe Repair WECProjectNo. 02-041901
3.5.4 It shall be of a size sufficient to prevent its movement from
the authorized alignment by natural forces under normal
conditions.
Not applicable. No riprap will be used; however the mat
system will be designed to withstand maximum anticipated
discharges within the channel.
3.5.5 The riprap material shall consist of clean rock or masonry
material such as, but not limited to, granite, marl, or
broken concrete.
Not applicable.
3.5.6 A waiver from the specifications in this Regional Condition
may be requested in writing. The waiver will only be issued
if it can be demonstrated that the impacts of complying
with this Regional condition would result in greater
adverse impacts to the aquatic environment.
Not applicable.
3.6 For all NWPs that involve the construction of culverts, measure
will be included in the construction that will promote the safe
passage of fish and aquatic organisms. The dimension, pattern,
and profile of the stream above and below a pipe or culvert should
not be modified by widening the stream channel or by reducing
the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed opening
should be such as to pass the average historical low flow and
spring flow without adversely altering flow velocity. Spring flow
should be determined from gage data, if available. In absence of
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
1 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.
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PCNNWP Nos. 3 and 18 August 17, 2010
Colonial Pipeline Company - Huntersuille Shallow Pipe Repair WECProjectNo. 02-o419o1
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.
DWO General Certification Conditions for NWP 18 (WOC No 1821)
1. 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.
4. Construction Stormwater Permit NCGoloooo
Not applicable.
5. Construction Moratoriums and Coordination
Not applicable.
6. Work in the Dry
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, Randleman, Jordan Lake, or Goose Creek watersheds.
8. Water Supply Watershed Buffers
The stream is not located within a water supply watershed.
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PCNNWPNos. 3 and 18 Augrust17, 2010
Colonial Pipeline Company - Huntersuille Shallow Pipe Repair WECProjectNo. 02-041901
9. If concrete is used during the construction, then a dry work area should be
maintained to prevent direct contact between curing concrete and strearn water.
See General Condition 6 - USACE, Wilmington District Regional
Condition 3.4•
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.
13. Placement of Culverts and Other Structures in Waters and Wetlands
The revetment mats 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.
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PCNNWPNos. 3 and 18 August 17 2010
Colonial Pipeline Company - Huntersville Shallow Pipe Repair WEC Project No. o2-o419o1
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 E) will inspect the site upon
completion, sign and submit the Certificate of Completion provided that is
included with project approval letter.
19. 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.
2o. 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 2S - 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.
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PCNNWPNos. 3 and 18 Augustly, 2010
Colonial Pipeline Company - Huntersuille Shallow Pipe Repair WEC Project No. o2-o¢19o1
(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
[phone]
2) Location of the Proposed Project:
The proposed pipeline project location is adjacent to Highway 115
at 35.3893° N, 8o.8278° W in Mecklenburg County, North
Carolina (Figure 1).
3) Project description, purpose, effects:
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 July 8
10, 201o. The only feature considered to be jurisdictional waters
on the subject site was the unnamed tributary to Cane Creek. The
USACE Approved Jurisdictional Determination Form is attached
as Appendix F.
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 G.
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PCNNWPNos. 3 and M August17, 2010
Colonial Pipeline Company - Huntersuille Shallow Pipe Repair WECProjectNo. 02-o41go1
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 disturbance to approximately 70 linear
feet of an unnamed tributary to Cane Creek in Mecklenburg 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.
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
Timothy J. Funk, C.E. Richard W. Whiteside, Ph.D., C.W.B., C.S.E.
Senior Ecologist Managing Member
Enclosures: Figure 1-
Site Photogra
Appendix A-
Appendix B -
Appendix C -
Appendix D -
Appendix E -
Appendix F -
Appendix G -
Site Location Map
phs
Typical Dam and Pump Maintenance Dig
Typical Open Cut Dry Flume Maintenance Dig
Detailed Site Drawings
CPC's Soil Erosion and Sediment Control Plan
Wilmington District Agent Authorization Letter
Approved Jurisdictional Determination Form
Wilmington District PCN Form
cc: Mr. Jeff Richards, Colonial Pipeline Company
Mr. Michael Barker, Colonial Pipeline Company
USFWS, Asheville Field Office
NCDENR, DWQ (5 copies)
14
Base Map: USGS 7.5-Minute Topographic Quadrangle of Cornelius, NC
1:24,000
Colonial Pipeline Company v L Figure 1
Huntersville Shallow Pipe Repair WETLAND & ECOLOGICAL Site Location Map
CONSULTANTS, LLC
Mecklenburg County, NC Woodstock, Georgia WEC Project No. 02-041901
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PCNNWPNos. 3 and 18 Photos taken July 15, 2010
CPC - Huntersuille WEC Project No. 02-041901
APPENDIX A
TYPICAL DAM AND PUMP MAINTENANCE DIG
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TROW ENGINEERING CONSULTANTS INC.
1300 ,EIBOPOIRIN BLVD.. SURE 400 T&VAM . R, USA ]2708
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Nm I01-29-20041 MS -
BACKHOE
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MAINTAIN A MINIMUM Z'
VEGETATIVE BUFFER THE EXTENT POSSIBLE
FOR STREAM EQUIPMENT
CROSSINGS, SEE NOTE 14
SEE SHEET 2 FOR NOTES
a COLONIAL PIPELINE COMPANY
AM AWiA, OEOWA
TYPICAL DAM AND PUMP
MAINTENANCE DIG
AT WATERBODY LESS THAN 15'
mow mmi. NO. mw w
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71F9006 m COL-0003 7 Op p
DAM AND PUMP CROSSING
THE FOLLOWING IS A SEQUENCE OF CONSTRUCTION AND MITIGATION
MEASURES TO BE FOLLOWED AT ALL "DAM AND PUMP" TYPE CROSSINGS.
SEQUENCE OF ACTIVITIES
STEP 1. IMPLEMENT THE TEMPORARY EROSION AND SEDIMENT CONTROLS.
STEP 2. INSTALL DRY STREAM CROSSING MATERIALS.
STEP 3. EXCAVATE TRENCH AND INSPECT OR REPLACE PIPE.
STEP 4. BACKFILL AND RESTORE STREAM BANKS.
STEP 5. REMOVE DAMS.
STEP 6. IMPLEMENT PERMANENT EROSION AND SEDIMENTATION CONTROLS.
MAINTENANCE OF STREAMFLOW
IF THERE IS ANY FLOW IN THE WATERBODY, INSTALL
PUMPS TO MAINTAIN STREAMFLOW AROUND THE ISOLATED
SECTIONS OF CHANNEL. THE PUMP IS TO HAVE 1.5
TO 2 TIMES THE PUMPING CAPACITY OF ANTICIPATED FLOW.
A SECOND STANDBY PUMP OF EQUAL CAPACITY IS TO BE
READILY AVAILABLE AT ALL TIMES. AN ENERGY DISSIPATOR
IS TO BE BUILT TO ACCEPT PUMP DISCHARGE WITHOUT
STREAMBED OR STREAMBANK EROSION. IF THE WORK
IS PROLONGED BEYOND ONE DAY THE AREA NEEDS
TO BE MONITORED OVERNIGHT.
NOTES:
1. SCHEDULE INSTREAM ACTIVITY FOR LOW FLOW PERIODS AND
FOR THE APPROPRIATE TIMING WINDOW.
2. MARK OUT AND MAINTAIN LIMITS OF AUTHORIZED WORK
AREAS WITH FENCING OR FLAGGING TAPE TO AVOID
UNNECESSARY DISTURBANCE OF VEGETATION. 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 IN THE PLAN.
ALL NECESSARY EQUIPMENT AND MATERIALS TO BUILD THE
DAMS AND TO PUMP WATER MUST BE ON SITE OR READILY
AVAILABLE PRIOR TO COMMENCING IN-WATER CONSTRUCTION.
3.
4.
8. IF A REPLACEMENT, PIPE MAKE-UP AREAS ARE TO BE
LOCATED AT LEAST 50 FT. FROM THE WATER'S EDGE
(WHERE TOPOGRAPHIC CONDITIONS PERMIT) AND SHALL
BE THE MINIMUM AREA NEEDED.
9.
10.
CONTRACTOR SHALL SUPPLY, INSTALL AND MAINTAIN SEDIMENT
CONTROL STRUCTURES, AS DEPICTED AND ALONG DOWN GRADIENT
SIDES OF WORK AREAS AND STAGING AREAS SUCH THAT NO
HEAVILY SILT LADEN WATER ENTERS WATRBODY.
a. NO HEAVILY SILT LADEN WATER SHALL BE DISCHARGED DIRECTLY
OR INDIRECTLY INTO THE WATRBODY.
b. EROSION AND SEDIMENT CONTROL STRUCTURE LOCATIONS AS
DEPICTED ARE APPROXIMATE AND MAY BE ADJUSTED AS DIRECTED
BY THE COMPANY INSPECTOR TO ACTUAL SITE CONDITIONS.
c. SILT FENCE OR HAY BALE INSTALLATIONS SHALL INCLUDE
REMOVABLE SECTIONS TO FACILITATE ACCESS DURING
CONSTRUCTION. UTILIZE HAY BALE BARRIERS ONLY IN LIEU 11.
OF A SILT FENCE WHERE FREQUENT ACCESS IS REQUIRED.
d. SEDIMENT LADEN WATER FROM TRENCH DEWATERING SHALL BE 12.
DISCHARGED TO A WELL VEGETATED UPLAND AREA, INTO A HAY
BALE DEWATERING STRUCTURE OR GEOTEXTILE FILTER BAG.
e. SEDIMENT CONTROL STRUCTURES MUST BE IN PLACE AT ALL
TIMES ACROSS THE DISTURBED PORTIONS OF THE RIGHT-OF-WAY
EXCEPT DURING EXCAVATION/INSTALLATION OF THE CROSSING PIPE.
TO THE EXTENT POSSIBLE, MAINTAIN A MINIMUM 25 FEET
VEGETATIVE BUFFER STRIP BETWEEN DISTURBED AREAS AND THE
WATERBODY. INSTALL AND MAINTAIN A SILT FENCE UPSLOPE
OF THE BUFFER STRIP ON EACH SIDE OF THE WATRBODY.
THE SILT FENCE SHOULD INCORPORATE REMOVABLE "GATES" AS
REQUIRED TO ALLOW ACCESS WHILE MAINTAINING EASE OF
REPLACEMENT FOR OVERNIGHT OR DURING PERIODS OF RAINFALL.
5. CONSTRUCT A TEMPORARY SUMP UPSTREAM OF THE DAM AND
LINE WITH ROCKFILL IF A NATURAL POOL DOES NOT EXIST.
INSTALL THE PUMP OR PUMP INTAKE IN THE POOL OR SUMP.
DISCHARGE WATER ONTO AN ENERGY DISSIPATOR DOWNSTREAM
OF THE WORK AREA.
13.
6. OF THE WATERBODY. THIS MATERIAL MUST BE CONTAINEWITHIN 10 Ff.
D
WITHIN BERM CONTAINMENT, WITH SECONDARY SILT FENCE
PROTECTION TO PREVENT SATURATED SOIL FROM FLOWING
BACK INTO THE WATERBODY.
7. CHEMICALS, FUELS, LUBRICATING OILS SHALL NOT BE STORED
AND NOR SHALL EQUIPMENT BE REFUELED WITHIN 100 FT OF THE
DAMS ARE TO BE MADE OF STEEL PLATE, INFLATABLE PLASTIC
DAM, SAND BAGS, COBBLES, WELL GRADED COARSE GRAVEL FILL,
OR ROCK FILL. DAMS MAY NEED KEYING INTO THE BANKS AND
STREAMBED. ENSURE THAT THE DAM AND VEHICLE CROSSING ((IF
NEEDED) ARE LOCATED FAR ENOUGH APART TO ALLOW FOR A WIDE
EXCAVATION. CAP FLUMES USED UNDER VEHICLE CROSSING
DURING DRY CROSSING.
DEWATR AREA BETWEEN DAMS IF POSSIBLE. DEWATERING
SHOULD OCCUR IN A STABLE VEGETATIVE AREA A MINIMUM OF
50 FT. FROM ANY WATRBODY. THE PUMP DISCHARGE SHOULD
BE DISCHARGED ONTO A STABLE SPILL PAD, FILTER BAG OR
HAY BALE STRUCTURE TO PREVENT LOCALIZED EROSION.
THE DISCHARGE WATER SHOULD ALSO BE FORCED INTO SHEET
FLOW IMMEDIATELY BEYOND THE SPILL PAD BY USING HAY BALES
AND THE NATURAL TOPOGRAPHY. DISCHARGED WATER SHALL NOT
BE ALLOWED TO FLOW INTO ANY WATERBODY OR WETLAND. IF IT
IS NOT POSSIBLE TO DEWATER THE EXCAVATION DUE TO SOILS
WITH A HIGH HYDRAULIC CONDUCTIVITY, THE EXCAVATION IS TO BE
CARRIED OUT IN THE STANDING WATER. PUMP ANY DISPLACED WATER
AS DESCRIBED ABOVE TO PREVENT OVERTOPPING OF DAMS.
INSPECT/REPAIR PIPELINE AS NEEDED.
CONTRACTOR SHALL RESTORE THE STREAM BED AND BANKS TO
APPROXIMATE PRE-CONSTRUCTION CONTOURS, BUT NOT TO
EXCEED 2:1 SLOPE.
a. CONTRACTOR SHALL INSTALL PERMANENT EROSION AND
SEDIMENT CONTROL STRUCTURES AS INDICATED ON A SITE
SPECIFIC BASIS. IN THE ABSENCE OF SITE SPECIFIC INFOR-
MATION, A FLEXIBLE CHANNEL LINER SUCH AS NAG C125 OR
C350 WHICH IS CAPABLE OF WITHSTANDING ANTICIPATED FLOW
SHALL BE INSTALLED. ALTERNATIVELY, ROCK RIP-RAP SHALL
BE INSTALLED.
b. ANY MATERIALS PLACED IN THE STREAM TO FACILITATE
CONSTRUCTION SHALL BE REMOVED DURING RESTORATION.
BANKS SHALL BE STABILIZED AND TEMPORARY SEDIMENT
BARRIERS INSTALLED AS SOON AS POSSIBLE AFTER IN-STREAM
WORK BUT WITHIN '24 HOURS OF COMPLETING IN-STREAM WORK.
c. MAINTAIN A SILT FENCE OR HAY BALE HARRIER ALONG
THE WATERBODY UNTIL VEGETATION IS ESTABLISHED IN
ADJACENT DISTURBED AREAS.
WHEN THE STREAMBED HAS BEEN RESTORED, THE CREEK BANKS
ARE TO BE CONTOURED TO A STABLE ANGLE AND PROTECTED
WITH EROSION RESISTANT MATERIAL COMPATIBLE WITH FLOW
VELOCITY BETWEEN DAMS (E.G., EROSION CONTROL BLANKETS,
CRIBBING, ROCK RIP-RAP, ETC.). THE DAMS ARE TO BE REMOVED
DOWNSTREAM FIRST. KEEP PUMP RUNNING UNTIL NORMAL FLOW
IS RESUMED. COMPLETE BANK TRIMMING AND EROSION PROTECTION.
IF SANDBAGS ARE USED FOR THE DAMS, PLACE AND REMOVE BY
HAND TO AVOID EQUIPMENT BREAKING BAGS.
WATERBODY. PUMPS ARE TO BE REFUELED AS PER THE SPCC PLANS. 14. TEMPORARY EQUIPMENT CROSSING CAN BE CONSTRUCTED USING EITHER
A FLUME CROSSING OR A TEMPORARY BRIDGE. FOR BRIDGE CROSSING
DETAILS, REFER TO THE TYPICAL RAILCAR BRIDGE CROSSING OR
TYPICAL MAT CROSSING DRAWINGS.
TROW ENGINEERING CONSULTANTS INC.
two YE1ROrartM mw.. MITE 200 7XLVV3SM FL, UM 3233
PHONE, (eso) 335 l
MS I01-29-20041 /YS
COLONIAL PIPELINE COMPANY
AM ANA, GEORGIA
TYPICAL DAM AND PUMP
MAINTENANCE DIG
AT WATERBODY LESS THAN 15'
TROW PROA. N0. DPAWN(D SHw
TH00000M2 COL-00030 2 OF 2
APPENDIX B
TYPICAL OPEN CUT DRY FLUME MAINTENANCE DIG
II
? III III II ??
1`I II II I?,
I I I I I I
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?? I II II I _
III III I _?_ _ .._I t
SANDBAG OR ROCK
I PROTECTION AS NEEDED
;c I I - -- I I -- >>Ge
WATERBODY 16CT-- -?,,J FLOW
?? - -- 1< S -------
,C?? -- -I I -I
I II
_ I I_-
_ - I III
SPOIL CONTAINMENT BERM
(SILT FENCE, HAY BALES I I
OR OTHER APPLICABLE I I
MATERIALS)
I
SILT FENCE
II I
?, I I I I I
II II
\) I I
`?,I I III
II
I II
I I I
` I I I I
III
II II
{I II II
II II
PERMANENT ROW
FLUMESRICATED
OPTIONAL
STEEL PLATE
7. e.
I _.
I MAINTAIN A MINIMUM 25'
VEGETATIVE BUFFER TO
THE EXTENT POSSIBLE
TROW ENGINEERING CONSULTANTS INC.
13M MUROPMff. BLVD.. WR = TAUAM". FL. M ]awe
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Nrs 01-n-2004
)us -
r
FOR STREAM EQUIPMENT
CROSSINGS, SEE NOTE 13
SEE SHEET 2 FOR NOTES
1( m COLONIAL PIPELINE COMPANY
AiLWA, GEORGIA
TYPICAL OPEN CUT DRY FLUME
MAINTENANCE DIG
AT WATERBODY FROM 15' TO 50'
TRW vaa. R. DROM s"m
7HE'500wm COL-00Di 1 of 2
DRY FLUME MAINTENANCE WORK
THE FOLLOWING IS A SEQUENCE OF CONSTRUCTION AND MITIGATION
MEASURES TO BE FOLLOWED AT ALL "DRY FLUME" WORK LOCATIONS
SEQUENCE OF ACTmims
STEP 1. IMPLEMENT THE TEMPORARY EROSION AND SEDIMENT CONTROLS.
STEP 2. INSTALL DRY STREAM CROSSING MATERIALS.
STEP 3. EXCAVATE TRENCH AND INSPECT/REPAIR AS NECESSARY.
STEP 4. BACKFILL AND RESTORE STREAM BANKS.
STEP 5. REMOVE FLUME CROSSING.
STEP 6. IMPLEMENT PERMANENT EROSION AND SEDIMENTATION CONTROLS.
NOTES:
1. MARK OUT AND MAINTAIN LIMITS OF AUTHORIZED WORK
AREAS WITH FENCING OR FLAGGING TAPE TO AVOID
UNNECESSARY DISTURBANCE OF VEGETATION. ENSURE
EQUIPMENT OPERATORS WORKING ON THE CROSSING HAVE
BEEN BRIEFED ABOUT THIS PLAN AND THE MEASURES
NEEDED TO PROTECT WATER QUALITY.
2. ALL NECESSARY EQUIPMENT AND MATERIALS TO BUILD THE
FLUME MUST BE ON SITE OR READILY AVAILABLE PRIOR
TO COMMENCING IN-WATER WORK.
3. TO THE EXTENT POSSIBLE, MAINTAIN A MINIMUM 25 FT.
VEGETATIVE BUFFER STRIP BETWEEN DISTURBED AREAS
AND THE WATERBODY. INSTALL AND MAINTAIN A SILT
FENCE OR HAY BALE BARRIER UPSLOPE OF THE BUFFER
STRIP ON EACH SIDE OF THE WATERBODY.
4. CONTRACTOR SHALL SUPPLY, INSTALL AND MAINTAIN SEDIMENT
CONTROL STRUCTURES, AS DEPICTED OR ALONG DOWN GRADIENT
SIDES OF WORK AREAS AND STAGING AREAS SUCH THAT NO
HEAVILY SILT LADEN WATER ENTERS THE WATERBODY.
a. NO HEAVILY SILT LADEN WATER SHALL BE DISCHARGED DIRECTLY
OR INDIRECTLY INTO THE WATERBODY.
b. EROSION AND SEDIMENT CONTROL STRUCTURE LOCATIONS AS
DEPICTED ARE APPROXIMATE AND MAY BE ADJUSTED AS DIRECTED
BY THE COMPANY INSPECTOR TO ACTUAL SITE CONDITIONS.
c. SILT FENCE OR HAY BALE INSTALLATIONS SHALL INCLUDE
REMOVABLE SECTIONS TO FACILITATE ACCESS DURING
CONSTRUCTION. UTILIZE HAY BALE BARRIERS ONLY IN LIEU
OF A SILT FENCE WHERE FREQUENT ACCESS IS REQUIRED.
d. SEDIMENT LADEN WATER FROM TRENCH DEWATERING SHALL BE
DISCHARGED TO A WELL VEGETATED UPLAND AREA 1NT0 A HAY
BALE DEWATERING STRUCTURE OR GEOTEXTILE FILTER BAG.
e. SEDIMENT CONTROL STRUCTURES MUST BE IN PLACE AT ALL
TIMES ACROSS THE DISTURBED PORTIONS OF THE RIGHT-OF-WAY
EXCEPT DURING EXCAVATION/REPAIR.
5. FLUME CAPACITY DURING DRY CROSSING SHALL BE SUFFICIENT
TO ACCOMMODATE 1.5 TIMES THE FLOW MEASURED AT THE TIME
OF CONSTRUCTION PROVIDED THAT THE FLUMES WILL BE IN PLACE
NOT MORE THAN 96 HOURS AND NO PRECIPITATION IS FORECAST.
FLUME CAPACITY FOR VEHICLE ACCESS SHALL BE SUFFICIENT TO
PASS THE 2 YEAR DESIGN FLOW OR THE FLOW REASONABLY EXPECTED
TO OCCUR DURING THE INSTALLATION. EXCESS FLUMES REQUIRED FOR
LONGER TERM ACCESS SHALL BE CAPPED DURING DRY CROSSING
PROCEDURES.
6. ENSURE THAT THE DAMS AND EQUIPMENT CROSSING ARE LOCATED
FAR ENOUGH APART TO ACCOMMODATE THE REQUIRED EXCAVATION.
7. PLACE IMPERVIOUS DAMS AT EACH END OF THE FLUME, UPSTREAM
FIRST, THEN DOWNSTREAM. ACCEPTABLE ALTERNATIVES INCLUDE
GRAVEL WITH RIP-RAP PROTECTION, SAND BAGS, STEEL PLATE AND
ROCKFILL. DURING INSTALLATION, INSTALL AN IMPERVIOUS MEMBRANE, 13
IF NECESSARY, TO LIMIT LEAKAGE, DAMS MAY NEED KEYING INTO
THE BANK AND STREAMBED.
TROW ENGINEERING CONSULTANTS INC.
Iwo MMOPOLffm &m. SUITE m0 TAUAKSM , fL. U5? 3]
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8. EXCAVATE AS REQUIRED TO INSPECT OR REPLACE PIPE.
9. EXCAVATED MATERIAL MUST NOT BE STOCKPILED WITHIN 10 FT.
OF THE WATERBODY. THIS MATERIAL MUST BE CONTAINED
WITHIN BERM CONTAINMENT, WITH SECONDARY SILT FENCE
PROTECTION TO PREVENT SATURATED SOIL FROM FLOWING
BACK INTO THE WATERBODY.
10. DEWATERING SHOULD OCCUR IN A STABLE VEGETATED AREA A
MINIMUM OF 50 FT. FROM ANY WATERBODY. THE PUMP
DISCHARGE SHOULD BE DIRECTED ONTO A STABLE SPILL PAD,
FILTER BAG OR HAY BALE STRUCTURE TO PREVENT LOCALIZED
EROSION. THE DISCHARGE WATER SHOULD ALSO BE FORCED
INTO SHEET FLOW IMMEDIATELY BEYOND THE SPILL PAD USING
HAY BALES AND THE NATURAL TOPGRAPHY.
11. FLUMES SHOULD BE REMOVED AS SOON AS POSSIBLE, WHEN NO
LONGER REQUIRED FOR IN-STREAM ACTIVITY OR FOR ROAD ACCESS,
AS FOLLOWS:
a. REMOVE THE VEHICLE CROSSING RAMP. BANKS ARE TO BE
RESTORED TO A STABLE ANGLE AND PROTECTED WITH
EROSION RESISTANT MATERIAL COMPATIBLE WITH THE FLOW
CONDITIONS (E.G., EROSION CONTROL BLANKETS, CRIBBING,
ROCK RIP-RAP ETC.) TO THE MAXIMUM EXTENT POSSIBLE
BEFORE REMOVING THE DAMS.
b. REMOVE DOWNSTREAM DAM.
c. REMOVE UPSTREAM DAM.
d. REMOVE FLUME.
e. COMPLETE BANK TRIMMING AND EROSION PROTECTION. IF
SANDBAGS ARE USED FOR THE DAMS, PLACE AND REMOVE BY
HAND TO AVOID EQUIPMENT BREAKING BAGS.
CONTRACTOR SHALL RESTORE THE STREAM BED AND BANKS TO
APPROXIMATE PRE-CONSTRUCTION CONTOURS, BUT NOT TO
EXCEED 2:1 SLOPE.
a. CONTRACTOR SHALL INSTALL PERMANENT EROSION AND
SEDIMENT CONTROL STRUCTURES AS INDICATED ON A SITE
SPECIFIC BASIS. IN THE ABSENCE OF SITE SPECIFIC INFOR-
MATION, A FLEXIBLE CHANNEL LINER SUCH AS NAG C125 OR
C350 WHICH IS CAPABLE OF WITHSTANDING ANTICIPATED FLOW
SHALL BE INSTALLED. ALTERNATIVELY, ROCK RIP-RAP SHALL
BE INSTALLED.
b. ANY MATERIALS PLACED IN THE STREAM TO FACILITATE
CONSTRUCTION SHALL BE REMOVED DURING RESTORATION.
BANKS SHALL BE STABILIZED AND TEMPORARY SEDIMENT
BARRIERS INSTALLED AS SOON AS POSSIBLE AFTER IN-STREAM
WORK, BUT WITHIN 24 HOURS OF COMPLETING THE IN-STREAM
WORK.
c. MAINTAIN A SILT FENCE OR HAY BALE BARRIER ALONG
THE WATERBODY UNTIL VEGETATION IS ESTABLISHED IN
ADJACENT DISTURBED AREAS.
TEMPORARY EQUIPMENT CROSSING CAN BE CONSTRUCTED USING EITHER
A FLUME CROSSING OR A TEMPORARY BRIDGE. FOR BRIDGE CROSSING
DETAILS, REFER TO THE TYPICAL RAILCAR BRIDGE CROSSING OR
TYPICAL MAT CROSSING DRAWINGS.
12.
Nis I01-20-20041 Aus
COLONIAL PIPELINE COMPANY
MUWA, WORM
TYPICAL OPEN CUT DRY FLUME
MAINTENANCE DIG
AT WATERBODY FROM 15' TO 50'
TRW PROJ. NO. DRW s m
TIImamom COL-Mle 2 OF 2
APPENDIX C
DETAILED SITE DRAWINGS
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 to reduce. soil 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 filtration bags and discharged to
a well-vegetated area.
• All work will be confined within the existing right-of-way. Staked hay bales and silt
fence will be installed around the worksite and maintained until vegetation is established.
Proper controls will 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 50 feet in width and devoid
of large trees. The right of way is vegetated with undergrowth grasses and other
short vegetation.
• Vegetation will 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 0.5 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:
1. All control measures will be inspected every two weeks at a minimum and following
any storm event of 0.5 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.
5. 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
WILMINGTON DISTRICT AGENT AUTHORIZATION LETTER
CD
Colonial Pipeline Company
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:
Telephone: [phone]
Colonial Pipeline Company (CPC) gives authorization to Wetland & Ecological Consultants (WEC) to
serve as our agent regarding North Carolina Division of Water Quality (DWQYU.S. Army Corps of
Engineers (USAGE) Pre-Construction Notification (PCN) Application Forms. Should you have any
questions or concerns please contact me at the letterhead address or telephone number.
Sincerely,
V-
Jeff Richards
Environmental Manager
Southeast District
391 Scruggs Ringgold, GA 30736
APPENDIX F
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: Huntersville Site
State:NC County/parish/borough: Mecklenburg City:
Center coordinates of site (lat/long in degree decimal format): Lat. 35.3893° N, Long. -80.8278° W.
Universal Transverse Mercator:
Name of nearest waterbody: Cane Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Clarke Creek
Name of watershed or Hydrologic Unit Code (HUC): Rocky River 03040105
® 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):
Office (Desk) Determination. Date:
® Field Determination. Date(s): 7-15-10
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "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 Are "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): r
? 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: 70 linear feet: 4 width (ft) and/or 0.006 acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
Elevation of established OHWM (if known):
2. Non-regulated waterstwetlands (check if applicable):3
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 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 III: 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 III.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 III.B 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 Raparros 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.
Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 43acres
Drainage area: 182 acres
Average annual rainfall: 44.2 inches
Average annual snowfall: 5 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
® Tributary flows directly into TNW.
® Tributary flows through Pick List tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are 1(or less) river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1(or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain: No.
Identify flow route to TNW5: to Cane Creek, to Sourth Prong Clarke Creek, to Clarke Creek.
Tributary stream order, if known: 1 st.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 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 annlv):
Tributary is: ® Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: 1 feet
Average side slopes: Vertical (1:1 or less).
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: highly eroding.
Presence of run/riffle/pool complexes. Explain: no.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 1-2 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: Intermittent.
Other information on duration and volume:
Surface flow is: Discrete and confined. Characteristics:
Subsurface flow: Unknown. 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 19
® sediment deposition ?
? water staining ?
? other (list):
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
? Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determ
? High Tide Line indicated by: ?
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(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:
'A 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: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. 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 (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List 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: Pick List
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? (Y/N) 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:
2. 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:
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.
RPWs that flow directly or indirectly into TNWs.
? 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 III.B. Provide rationale indicating that tributary flows
seasonally: Stream was flowing in July. Likely flows most of the year.
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 70 linear feet 4 width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
? 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).
? 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
seasonal in Section 111.13 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.
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:
8See 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).
? 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
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? 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):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? 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):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Wedand & Ecological Consultants, LLC and
Submar. (Figure 1 and Appendix Q.
? Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Cornelius, 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: ? Aerial (Name & Date):
or ® Other (Name & Date):7-15-10.
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: This JD form refers to the unnamed tributary to Cane Creek.
APPENDIX G
WILMINGTON DISTRICT PCN FORM
2 0 1 0 0 6 7 7
W ATFRQG
t t > ?,
t ? ? ? ( O Y
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
1 a. Type(s) of approval sought from the
Corps:
TZ Section 404 Permit El Section 10 Permit
1b. 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 DWO (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 DWO 401
Certification:
® Yes ? No For the record only for Corps Permit:

? Yes ® No
l f. 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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Colonial Pipeline Company (CPC) - Huntersville
2b. County: Mecklenburg County
2c. Nearest municipality/ town: Huntersville
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.
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: Huntersville, NC
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: [e-mail]
Page I of 10
PCN Form - Version 1.3 December 10, 2008 Version
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. [phone]
4g. Fax no.: [phone]
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Tim Funk
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: [e-mail]
Page 2 of 10
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: 35.3893 Longitude: - 80.8278
(DD.DDDDDD) (-DD.DDDDDD)
1c. 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 Cane Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Rocky
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:
70 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:
See "Proposed Activities in Jurisdictional Waters" section of attached letter
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
? Yes ? 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 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. 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 ? PMT ? 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 none ? PER ® Corps 4 70
Existing Pipeline ® INT ? DWQ
S2 ? PMT ? 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 70
3i. Comments: 70 linear feet of temporary stream impact for federally (USDOT) required pipeline maintenance.
Page 4 of 10
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 construct ion 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 DWO)
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: Cape Fear
Project is in which protected basin? ? 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 required?
61 ?P?T ?Yes
® No
B2 ?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 5 of 10
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. 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
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

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.
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6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWO
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.
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PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWO)
1. Diffuse Flow Plan
1 a. 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 imperiousness 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% imperious 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 ? 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
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F. Supplementary Information
1. Environmental Documentation (DWO Requirement)
1 a. 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 (DWG 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 (DWO 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.
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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. ? Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Online U.S. Fish and Wildlife Service (USFWS) database
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?
NOAA Fisheries.
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. It is located
within a maintained ROW, that is regularly disturbed as part of the pipelines' operation. 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? ? Yes ® 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
Timothy Funk '- 8/17/10
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
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