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HomeMy WebLinkAbout20110052 Ver 1_401 Application_20110111?a Ilk January 6, 2011 WETLAND & ECOLOGICAL CONSULTANTS, LLC 2011005:_' Mr. James F. Shern U.S. Army Corps of Engineers Wilmington District, Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 JAN 1 Y 8 2®11 VMTER urr T 5W40 Subject: Preconstruction Notification Nationwide Permit Nos. 3 and 18 (? v Colonial Pipeline Company Pipeline Maintenance JAN - "I 2011 Tributary to Beaver Creek Wake County, North Carolina E s? WEC Project No. 02-041901 S.P AAL I Dear Mr. Shern: 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 respectively, for the required maintenance of three existing and serviceable pipelines known as Lines 22, 23 and 24. 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 Beaver Creek at 35° 44' 9.8988"N, 78° 52' 53.5074"W located in Wake County, North Carolina (Figurer). Background CPC is committed to operating their pipelines and support facilities in a manner that protects the safety of the public, the environment, and its workforce. The proposed pipeline maintenance will be performed to prevent potential damage to the pipelines and ensure pipeline integrity. CPC's above referenced maintained ROW, contains three pipelines that transport refined petroleum: Line 22, 16-inch diameter; Line 23, eight-inch diameter; and Line 24, eight-inch diameter. At the above referenced site, bank erosion and streambed degradation has exposed Line 22 within the stream channel, thus the required protection level of the pipeline has been lost. As required by the U.S. Department of Transportation 322,5 South Cherokee Lane Phone: 770-591-9990 Bldg.8oo Fax: 770-591-9993 I oodstock, Georgia 30188 www.wet-eco.com PCNNWP Nos. 3 and 18 January 6, 2011 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901 Lines 22-24 - Tributary to Beaver Creek (USDOT) the pipeline regulatory authority, CPC must inspect and repair the exposed pipeline at this location. 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 by the U.S. Department of Transportation (USDOT). Federal Code requires an 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)• WEC conducted a field delineation to locate jurisdictional waters at the maintenance location on January 4, 2011 (Appendix A). CPC's point of contact for this project is: Mr. Jeff Richards, Environmental Project Manager 5251 Highway 153, Suite C, #365 Hixson, TN 37343 (423) 240-9166 Proposed Activity in Waters of the U.S. The maintenance activity will require temporary disturbance to approximately 70 linear feet of an unnamed intermittent stream to maintain and protect the existing pipeline at this location. In December 2010, sandbags were temporarily hand placed over exposed Line 22 for temporary protective cover and will be removed before the maintenance work begins. To ensure the integrity of the Line 22 at this location, CPC will initially inspect the line for any damages. This will require CPC to excavate a small pit at the exposure location which will allow CPC personnel to inspect the integrity of the subject pipeline segment. To 2 PCNNWPNos. 3 and 18 January 6, 2011 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901 Lines 22-24 - Tributary to Beaver Creek minimize sedimentation to the creek during the inspection and subsequent maintenance activity, temporary dams will be constructed at each end of the maintenance area and the stream flow will be pumped around the maintenance area at each site. The dams will be constructed of sandbags or other suitable material, and the pump capacity will be able to sufficiently accommodate the stream flow. The pumps will be installed above the upstream dam with the discharge line routed through the maintenance area, discharging immediately downstream of the downstream dam (Appendix B). 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 Q. 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 D). 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 (two to three hours), before restoring stream flow. 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 12 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 E). Nationwide Permit General Conditions Summary We have provided the following information to document compliance with the USACE NWP general conditions. Each condition and subcategory is itemized below. General Condition i - Navigation The project site does not occur within navigable waters. 3 PCNNWP Nos. 3 and 18 January 6, 2011 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901 Lines 22-24 - Tributary to Beaver Creek General Condition 2 - Aquatic Life Movements The discharge of fill activity within the stream will be minimal. The grout revetment mats will be "keyed" into the streambeds, and will not impede the passage of normal stream flow or aquatic life. General Condition 3 - Spawning Areas Not applicable. General Condition 4 - Migratory Bird Breeding Areas Not applicable General Conditions - Shellfish Beds Not applicable General Condition 6 - Suitable Material Only material excavated from the maintenance area will be replaced within the trench following maintenance completion. As described above, the grout revetment mats will be allowed to harden (approximately two to three hours) before restoring stream flow. 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 g - Management of Water Flows During the proposed activity, water flows will be maintained by the use of either a dam and pump system (Appendix B) or a flume used to convey the flow of the stream (Appendix Q. The grout revetment mats will be "keyed" in to both the stream bed and the stream banks to prevent impediment of streamflow (Appendix D). General Condition lo - Fills Within loo-Year Floodplains The project will not result in above grade fill placed within the loo-year floodplain (Appendix F). 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 E). 4 PCNNWP Nos. 3 and 18 January 6, 2011 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901 Lines 22-24 - Tributary to Beaver Creek General Condition 13 - 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 in - Wild and Scenic Rivers The project site is not located in or adjacent to a Wild and Scenic River. General Condition 16 - Tribal Rights The project site is not located within or adjacent to an Indian reservation or nation. General Condition 17 - Endangered Species No impacts to federally protected species are expected from this project. According to current U.S. Fish and Wildlife Service (USFWS) data, the federally protected species listed as potentially occurring in Wake County include: the red-cockaded woodpecker (Picoides borealis); dwarf wedgemussel (Alasmidonta heterodon); and Michaux's sumac (Rhus michauxii). The bald eagle (Haliaeetus leucocephalus), which is protected under the Bald and Golden Eagle Protection Act is also listed potentially occurring in Wake County. Neither the small, unnamed intermittent stream nor the regularly- mowed existing pipeline ROW provide suitable habitat for any of these species. Additionally these species were not observed at the project site during our field investigation on January 4, 2011. 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 19 - Designated Critical Resources Waters Not applicable. General Condition 20 - Mitigation The proposed pipeline maintenance activities have been designed to avoid and minimize impacts to jurisdictional waters to the maximum extent practicable. The temporary stream disturbances do not exceed any of the USACE, Wilmington District, Nationwide Permit Regional Conditions requiring mitigation [Refer to USACE, Wilmington District Regional Condition 3 (2) below]. Nevertheless, the proposed stream/bank stabilization 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. 5 PCNNWP Nos. 3 and 18 January 6, 2011 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901 Lines 22-24 - Tributary to Beaver Creek General Condition 21 - Water Quality The activity will be in accordance with the conditions of the DWQ General Certifications for NWP 3 (WQC NO. 3687) and NWP 18 (WQC No. 3705). General Condition 22 - Costal Zone Management Not applicable. General Condition 2R - Regional and Case-By-Case Conditions The Wilmington District Final Regional Conditions for Nationwide Permits 1.0 Excluded Waters: 1.1 Waters designated as anadromous fish spawning areas work is prohibited from February 15 - April 30, unless approved by North Carolina Division of Marine Fisheries or North Carolina Wildlife Resource Commission and the U.S. Army Corps of Engineers. Not applicable. 1.2 Waters within North Carolina's 25 designated trout counties work is prohibited from October 15 - April 15, unless approved by North Carolina Wildlife Resources Commission. Not applicable. 1.3 Waters of the U.S. designated as sturgeon spawning areas work is prohibited from February 1 - June 30, unless approved by National Marine Fisheries Service. Not applicable. 2.0 Waters subject to additional notification requirements: 2.1 Waters of the U.S. that require a PCN and are within the 16 North Carolina counties with tributaries that drain to designated critical habitat for protected species. Not applicable. 2.2 Waters designated as "Outstanding Resource Waters" (ORW), "High Quality Waters" (HQW), "Inland Primary Nursery Areas" (IPNA), contiguous wetlands, or "Primary Nursery Areas" (PNA). Not applicable. 6 PCNNWPNos. 3 and 18 Colonial Pipeline Company - Pipeline Maintenance Lines 22-24 - Tributary to Beaver Creek January 6, 2011 WEC Project No. 02-041901 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. 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 improve water quality and the aquatic environment by reducing bank erosion and stream turbidity. 3.3 For any NWP that results in a loss of more than 150 linear feet of perennial and/or intermittent/ephemeral stream, the applicant must comply with NWP General Condition 27 (PCN). Not applicable (i.e., less than 150 linear feet of stream); however, a PCN is required for NWP 18 and compliance with NWP General Condition No. 27 has been provided by the submission of this PCN. 7 PCNNWPNos. 3 and i8 Colonial Pipeline Company - Pipeline Maintenance Lines 22-24 - Tributary to Beaver Creek January 6, 2011 WEC Project No. o2-o419o1 3.4 For all NWPs which allow the use of concrete as a building material, measures will be taken to prevent live or fresh concrete, including bags of uncured concrete from coming into contact with waters of the state until the concrete has hardened. During the maintenance activities streamflow will be isolated through either a dam and pump (Appendix B) or a flume pipe technique (Appendix Q. No live or fresh concrete will come in contact with waters of the state until hardened. 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 grout revetment mats. 3.5.2 The placement of riprap shall be limited to areas depicted on submitted work plan drawings. Not applicable. 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. 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. 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 8 PCNNWPNos. 3 and i8 Colonial Pipeline Company - Pipeline Maintenance Lines 22-24 - Tributary to Beaver Creek January 6, 2011 WEC Project No. o2-o4igoi 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. 3.8 Adverse impacts to Submerged Aquatic Vegetation are not authorized by any NWP within any of the 20 costal counties. Not applicable. 4.0 Additional Regional Conditions for Specific Nationwide Permits: NWP 18 may not be used in conjunction with NWP 14 to create upland. Not applicable. North Carolina Division of Water Quality (DWQ) General Certification Conditions for NWP 18 (MC No. Bros) 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 E). 9 PCNNWPNos. 3 and 18 Colonial Pipeline Company - Pipeline Maintenance Lines 22-24 - Tributary to Beaver Creek January 6, 2011 WEC Project No. 02-041901 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 NCGoioooo 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 B and Q. 7. Riparian Area Protection (Buffer) Rules As described in [Jordan Lake Rules (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers)] as an existing and on going use within the buffer CPC's ROW is exempt from the Riparian Area Protection (Buffer) Rules. 8. Water Supply Watershed Buffers The stream is located within a WS-IV, NSW, CA designated watershed (Jordan Lake). However, it is our opinion that project is allowable per the DWQ "Jordan Water Supply Nutrient Strategey: Protection of Existing Riparian Buffers" [15A NCAC 02B .0267(6)(a)]" as it will not result in increased impervious are and there is no practical alternative. Further, the proposed action will result in reduced stream sedimentation (i.e., maintain/improve water quality) and protect the pipelines from damage that may result in a release of petroleum into a stream within the protected watershed. 9.If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact between curing concrete and stream water. See General Condition 6 - USACE, Wilmington District Regional Condition 3.3• 10. Compensatory Mitigation Not applicable, less than 150 linear feet of stream impacts proposed at the project site. 11. 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. 10 PCNNWPNos. 3 and 18 January 6, 2011 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901 Lines 22-24 - Tributary to Beaver Creek 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 grout 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. 18. When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. WEC as CPC's authorized agent (Appendix G) will inspect the site upon completion, sign and submit the Certificate of Completion provided that is included with project approval letter. 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. 11 PCNNWPNos. 3 and 18 Colonial Pipeline Company - Pipeline Maintenance Lines 22-24 - Tributary to Beaver Creek January 6, 2011 WEC Project No. 02-041901 20. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards and any other appropriate requirements of State and Federal Law. As proposed, the activities are in compliance with Nationwide Permit General Conditions and DWQ conditions for Section 401 water quality certification and riparian buffer protection. General Condition 2a - Use of Multiple Nationwide Permits This project will use both NWP 3 and NWP 18. The cumulative impacts of both parts of this project will not exceed the highest specified acreages or linear feet of either NWP. General Condition 25 - Transfer of Nationwide Permit Verifications Not applicable. General Condition 26 - Compliance Certification Upon completion of the required maintenance, WEC (as CPC's authorized agent) will sign and submit the USACE certification letter documenting compliance with maintenance activities as they are described in this PCN submittal. General Condition 27 - Pre-Construction Notification (a) Timing: The prospective permittee must notify the District Engineer with a PCN as early as possible. The District Engineer must determine if the notification is complete within 3o days of the date of receipt and as a general rule will request additional information necessary to make the PCN complete only once. WEC believes that the contents of this package constitute a complete PCN. (b) Contents of the Notification: The following information addresses NWP General Condition 27(b): 1) Name, address, and telephone number of the prospective permittee: Mr. Jeff Richards Colonial Pipeline Company 5251 Highway 153 Suite C, #365 Hixson, TN 37343 (423) 305-1187 2) Location of the Proposed Project: The proposed pipeline project location is near Olive Chapel Road (35° 44' 9.8988"N, 78° 52' 53-5074'V) in Wake 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. 12 PCNNWPNos. 3 and 18 January 6, 2011 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. o2-o419o1 Lines 22-24 - Tributary to Beaver Creek 4) Delineation of affected special aquatic sites, including wetlands: WEC conducted the field delineation of the project site on January 4, 201o. The only feature considered to be jurisdictional waters on the subject site was the unnamed tributary to Beaver Creek. The USACE Approved Jurisdictional Determination Form is attached as Appendix A. 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 H. 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 intermittent tributary to Beaver Creek in Wake County. During the proposed maintenance activities, appropriate erosion and sedimentation control devices will be used on the entire project site and the proposed activities are in compliance with Nationwide Permit General Conditions and DWQ conditions for Section 401 water quality certification and riparian buffer protection. 13 PCNNWPNos. 3 and 18 Colonial Pipeline Company - Pipeline Maintenance Lines 22-24 - 77ributary to Beaver Creek January 6, 2011 WEC Project No. 02-041901 Based on this submittal, we respectfully request authorization for the aforementioned maintenance project pursuant to NWP Nos. 3 and 18. Please contact the undersigned at 770- 591-9990 if you have any questions regarding this request. Sincerely, WETLAND & ECOLOGICAL CONSULTANTS, LLC Shanna E. Cahill, C.E. Richard W. Whiteside, Ph.D., C.W.B., C.S.E. Project Ecologist Managing Member Enclosures: Figure 1- Wake County Site Location Map Site Photographs Appendix A- Approved Jurisdictional Determination Form Appendix B - Typical Dam and Pump Maintenance Dig Appendix C - Typical Open Cut Dry Flume Maintenance Dig Appendix D - Detailed Site Drawings Appendix E - CPC's Soil Erosion and Sediment Control Plan Appendix F - Flood Insurance Rate Map (FIRM), Panel 0732 Appendix G - Wilmington District Agent Authorization Letter Appendix H - Wilmington District PCN Form cc: Mr. Jeff Richards, Colonial Pipeline Company Mr. Jay Amerson, Colonial Pipeline Company NCDENR, DWQ (5 copies w/ $240 processing fee) 14 Base Map: USGS 7.5-Minute Topographic Quadrangles of Apex, Cary, Green Level, and New Hill, NC NWP 3 and 18 Figure 1 CPC Lines 22-24 WETLAND & ECOLOGICAL Site Location Map CONSULTANTS, LLC Wake County, NC Woodstock, Georgia WEC Project No. 02-041901 2,900 1,450 0 2,900 Feet Colonial Pipeline Company Photographs Taken - October, 2010 and January 4, 2011 Tributary to Beaver Creek WEC Project No. 02-040901 Colonial Pipeline Company Tributary to Beaver Creek Photographs Taken - October, 201o and January 4, 2011 WEC Project No. 02-040901 M 6 P, ? / - 1 _ ?A ^-G IMF b '? f ? ff 1-Pr •tY Y ( - .yy? ?C '? k y } 'F.E f, '.`?. M kry ,', Sandbags 3y J F r ?a 11 ? 44 F , ALI, ' *x - 2' J X Y ? P ..P l?Y X E I ` 4 P? O P ; - ?? Y? d \ .k tL I?, L '+ +4 / .. ke ? T[ Ol.-.4? / ?? k r cat av? Photograph No. 3: View of stream bed and bank with temporary protective sandbag cover within CPC's ROW. A s Fallen Tree F ? ? 3 ' ! y1 ?1 ' R Y 4 y e yY'.2 b , J .ILM _ f? - ? - sT. z r° yy',7?,dr 'i` lkR alit 4 ? i' a y di M S '?°k + w'' ??ij3?y+p Y+. f{i} yr Y?'ri' K' _ ?Fi P p, A ?7 ; r i?'?`? ?5 4 c 6fwF ' r A ,? °, Y i? ` , fT f? _ • 's •r 1 ,,y? r-.. r. q. 4 A, J, f r .` '' P m? 4 t .a+l?.•+ - 'a 1??.£ :'?! s #? ,?? j° .ix .s ? ??n?il!?r"?'?c? y "F ' s , f MI '? r? r ?d *71 f*?< - fit `?' tl. , .. •. t,? s3 - .?,'n. Photograph No. 4: View of intermittent stream with temporary protective sandbag cover within CPC's ROW. APPENDIX A 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): 1/4/11 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District C. PROJECT LOCATION AND BACKGROUND INFORMATION: Tributary to Beaver Creek Pipeline Protection Project State:NC County/parish/borough: Wake City: Apex Center coordinates of site (]at/long in degree decimal format): Lat. 35.736083° 1V, Long. 78.88153° W. Universal Transverse Mercator: 17N 691580.8 E 3956746.0 N Name of nearest waterbody: Beaver Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Jordan Lake Name of watershed or Hydrologic Unit Code (HUC): Haw River 03030002 ® 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: 0 Field Determination. Date(s): 1--11 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): t TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (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: 10 width (ft) and/or 0.02 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Established by OHWM. Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 ? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION 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 Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 2610acres Drainage area: 34 `acres Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ® Tributary flows directly into TNW. ? Tributary flows through hick List tributaries before entering TNW. Project waters are ?-5 river miles from TNW. Project waters are 11 (or less) river miles from RPW. Project waters are ?M aerial (straight) miles from TNW. Project waters are ? (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW': Intermittent stream flowing west to Beaver Creek, which flows into Jordan Lake. Tributary stream order, if known: first. a 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 apply): Tributary is: ® Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 10 feet Average depth: 2 feet Average side slopes: 2:1. Primary tributary substrate composition (check all that apply): ® Silts ® Sands ® Cobbles ® Gravel ? Bedrock ? Vegetation. Type/% cover: ? Other. Explain: ? Concrete ? Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: slightly eroding banks. Presence of run/riffle/pool complexes. Explain: Tributary geometry: Relatively straight Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: intermittent but not seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: 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 ? sediment deposition ? ? water staining ? ? other (list): ? Discontinuous OHWM.' Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ? High Tide Line indicated by: ? Mean High Water Mark indicated by: ? oil or scum line along shore objects ? survey to available datum; ? fine shell or debris deposits (foreshore) ? physical markings; ? physical markings/characteristics ? vegetation lines/changes in vegetation types. ? tidal gauges ? other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: water was clear at the time of the site visit. Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? 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 Fick 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: 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: Q 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, observed flowing during dry season. 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: This unnamed tributary to Beaver Creek get its base flow from an upstream pond and has the stream characteristics of an intermittent stream. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 70 linear feet 10 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: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 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. 7. Impoundments of jurisdictional waters. 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: 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. Identify water body and summarize rationale supporting determination: 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. Q 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): 10 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Wetland & Ecological Consultants, LLC and Ercon Inc. (Figure 1 and Appendix C). 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: B 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 and Cary, Green Level, New Hill and Apex, 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): 1-4-11. ? 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 Beaver Creek, see Figure 1. APPENDIX B TYPICAL DAM AND PUMP MAINTENANCE DIG PERMANENT ROW /I I ?.I I I I I I? I ! II I III I I ? ? ? I I 'll II i of I }I I )I I i I I I t I I I I ? I, I'? ,+ I I I I I It , 1 I ? 1 I 1 ? III PUMP SNTAKE HOSE OR SUBMERSIBLE PUMP WATIERBODY SPOIL CONTAINMENT BERM I 1 ?. ll? III i II yt-_ II II I I III -111 7 (SILT FENCE, HAY BALES OR OTHER APPLICABLE III MATERIALS) 1 I I II I I II II II ?i II II ) ? r SPOIL FILTER BAG ? r ? II I? ? II I II _III III I I TROW ENGINEERING CON LSU TANTS INC. pow am jw.? OM 1 map-sow 1 flp I - -RETAIN A MIN. 25' VEGETATIVE BUFFER TO THE EXTENT POSSIBLE /-ENERGY DISSIPATOR/ SCOUR PROTECTION FLOW DAM MAINTAIN A MINIMUM 25' VEGETATIVE BUFFER TO THE EXTENT POSSIBLE BACKHOE FOR STREAM EQUIPMENT CROSSINGS, SEE NOTE 14 SEE SHEET 2 FOR NOTES f COLONIAL``??PIIPEl/JNE?COMPANY MY & OF7081ib1 TYPICAL DAM AND PULP MAINTENANCE DIG AT WATERBODY LESS THAN 15' 'mor Mar. a onMMpro ow m m00 u a" m t OF 2 DAM AND PUMP CROSSING THE FOLLOWING 6 A SEQUENCE OF CONSTRUCTION AND MITIGATION MEASURES TO BE FOLLOWED AT ALL 'DANA 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 6. REMOVE DAMS. STEP 6. IMPLEMENT PERMANENT EROSION AND SEDIMENTATION CONTROLS. NOiTES: 1 • SCHEDULE NSTREAM ACTIVITY FOR LOW FLOW PERIODS AND FOR THE APPROPRIATE TIMING WINDOW. 2. MIRK OUT AND MAINTAIN LIMITS OF AUTHORIZED WORK AREAS WITH FENCING OR FLAGGING TAPE TO AVOID UNNECESSARY DISTURBANCE OF VEGETATION. ENSURE EOLPMENT 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. CONTRACTOR SHALL SUPPLY INSTALL AND MAINTAIN SEDIMENT CONTROL STRUCIUIIES, AS bEPIC1ED AND ALONG DOWN GRADIENT SDFS OF WORK AREAS AND STAGING AREAS SUCH THAT NO HEAVILY SILT LADEN WATER ENTERS WATERBODY. o. ND HEAVILY SILT LAM WATER SHALL BE DISCHARGED DIRECTLY OR INDIRECTLY INTO THE WATERBODY. b. EROSION AND SEDIMENT CONTROL STRUCTURE LOCATIONS AS BE ADJUSTED AS BY THE EDCOMPA IY ?EECCTORTO TO CAC UALL SITE CONDITIONS a. SILT FENCE OR HAY BALE INSTALLATIONS SHALL INCLUDE REMOVABLE SECTIONS 70 FACILITATE ACCESS DURING CONSTRUCTION. UTUM HALT BALE BARRIERS ONLY N LIEU OF A SILT PENCE WHERE FREQUENT ACCESS IS REQUIRED. d. SEDIMENT LADEN MATER FROM TRENCH DEWATERNG SHALL BE DISCHARGED TO A WELL VEGETATED UPLAND AREA, INTO A HAY BALE DEWATERNG STRUCTURE OR GEOREXTN.E FILTER BAG. SEDINIENIT CONTROL STRUCTURES TWS ACROSS ETH DISTURBED POR?TIONS BE IN PLACE AT ALL EXCEPT DURING DMAMATION/NSCAL ATION OF THE CROSSING PIPE d_ TO THE EXTENT POSSIBLE. MAMVTAN A MINIMUM 25 FEET VEGETATIVE BUFFER STRIP BETWEEN DISTURBED AREAS AND THE MIATERBO[I1f INSTALL AND MAINTAIN A SILT FENCE UPSLOPE OF THE BUFFER STRIP ON EACH SIDE OF THE 0ATERBODY. THE SILT FENCE SHOULD INCORPORATE REMOVABLE 'GA7E5' 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 UNE WITH ROCKFILL IF A NATURAL POOL DOES NOT EX19T. INSTALL THE PUMP OR PUMP INTAKE IN THE POOL. OR SUMP. DISCHARGE WATER OHM AN ENERGY DISSPATOR DOWNSTREAM OF THE WORK AREA r EXCAVATED MATERIAL MUST NOT BE STOCKPILED WITHIN 10 FT. OF THE 11110ERBODY. THIS MATERIAL MUST BE CONTAINED WITHIN BEAM CONTAINMENT, WITH SECONDARY SILT FENCE PROTECTION TO PREVENT SATURATED SOIL FROM FLOWING BACK INTO 114E WHAT RBDDY. MA N ITNANCE OF SIRE MFLAW IF THERE IS ANY FLAW N THE WATERBODY, INSTALL PUMPS TO MAINTAIN STREAMFLOW AROUND THE ISOLATED SECTIONS OF CHANNEL THE PUMP 6 TO HAVE 1.5 TD 2 TIMES THE PUMPING CAPACITY OF ANTICIPATED FLOW. A SECOND STANDBY PUMP OF EQUAL CAPACITY IS 70 BE READILY AVANU AT ALL TIMES. AN ENERGY DISSIPATOR 6 TD BE BUILT TO ACCEPT PUMP DISCHARGE WITHOUT ST REAMBED OR STREAMBANK EROSION. IF THE WORK 6 PROLONGED BEYOND ONE DAY THE AREA NEEDS TO BE MONITORED OVERNIGHT. B IF A REPLACEMENT. PIPE MIKE-UP AREAS ARE TO BE LOCATED AT LEAST 50 FT. FROM THE WATER'S EDGE MiCRE TOPOGRAPHIC CONOIT*a PERMIT) AND SHALL BE THE MINIMUM AREA NEEDED. 9. D M S T AND BTO BE MADE OF STIEEL PLATL AGS COBBLES, WELL GRADED NCOARSE GRAVEL FILL OR MOCK FILL 'DAMS MAY NEED KEYING INTO THE BANKS AND STREAMED. ENSURE THAT THE DAM AND VEHICLE CROSSING ((IF NEEDED) ARE LOCATED FEAR ENOUGH APART 70 ALLOW FOR A WIDE DCANKFION. CAP FLLIMES USED UNDER VEHICLE CROSSNG DURING DRY CROSSING. 10. ATER 11. INSPECT/REPAIR PIPELINE AS NEEDED. 12- CONTRACTOR SIMPLE RESTORE THE STREAM BED AND BAWLS TO APPERWIMATf PRE-CONSTRUCTKHN CONTOURS, BUT NOT TO EXCEED 2:1 SLOPE. a. CONTRACTOR SWILL INSTALL PERMANENT EROSION AND SEDNIENT CONTROL STRUCUKRES AS INDICATED ON A SITE SPECIFIC RAM N TEE ABSENCE OF SITE SPECIFIC NFOR- MATiON A FFLOWU CHANNEL LNER SUCH AS NAG C125 OR 0350 IS CAPABLE OF WITHSTANDING ANTICIPATED FLOW SHALL BE INSTALLED. ALTERNATIVELY, ROCK RIP-NIP SHALL BE INSTALLER b. ANY MATERIALS PLACED N THE STREAM TO FACILITATE CONSTRUCTON SHILL BE REMOVED DURING RESTORATION. BANKS SHALL BE S MIZED AND TEMPORARY SEDIMENT BARRIERS INSTALLED AS SOON AS POSSIILE AFTER N-STREAM WORK BUT WITHIN 24 HOURS OF COMPLETING IN-STREAM WORK. C. MAINTAIN A SILT FENCE OR MAY BALE BARRIER ALONG THE WATERBODY LBITIL VEGETATION 6 ESTABLISHED IN ADJACENT DISTURBED AREAS. 13. WHEN THE STREAMED HAS BEEN RESTORED. THE CREEK BANKS ARE TO BE CONTOURED 70 A STABLE ANGLE AND PROTECTED WITH EROSION RFSISTNfT WITERAL COMPA7I3LE WITH FLOW VELOCITY BETWEFLN QAMS G.. EROSION CONTROL BLANKETS, CRIBBING ROCK RIP-RAP M). THE DAMS ARE TO BE REMOVED DOWNSTR AM FIRST. KEFJ' PUMP RUNNING UNTIL NORMAL FLOW IS RESUMED. COMPLETE BANK TRMMINIG AND EROSION PROTECTION. 7. CH]IICA A FUELS, LUBIWATING OILS SHALL NOT BE STORED IF S IGRAGS ARE USED FOR THE DAMS, PLACE AND REMOVE BY AND NOR SHALL EQUIPMENT BE REFUELLED WTHIN 100 FT. OF THE HAND TO AVOID EMPMENT BREAKING BAGS. WAIERBODY. 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 MIDGE CROSSING OR TYPICAL MAT CROSSING DRAINGS TROW ENGINEERING CONSULTANTS INC. *? grown Km mm s? wwvrs n, ow m Al ??? W3 101-M-M I wS COLONIAL PIPELINE COMPANY AnA1TIL QMVIA TYPICAL DAY AND PUMP MAINTENANCE DIG AT WATERBODY LESS THAN 15' im rm. po ONrwe ` $or n®sme WL-mm 2 OF 2 APPENDIX C TYPICAL OPEN CUT DRY FLUME MAINTENANCE DIG CI i I ?I t J a WATERBODY SPOIL CONTAINMENT BERM f (SILT FENCE, HAY HALES OR OTHER APPLICABLE MATERIALS) SILT FENCE 1 I } t 1 1 I?I II III II li II 11 II II II II It'l I I F ( II II II II I II II II PERMANENT ROW BROW ENGINEERING CONSULTANT$ INC. ma teim,ew am. aw m vu p"m n, w ? nae area A&-ma loom acs mwM MIS m-m-oo. .ks - I ?. I? I` - SANDBAG OR ROCK PROTECTION AS NEEDED FLOW ZVI PREFABRICATED FLUMES OPTIONAL -?' STEEL PLATE t r MAINTAIN A MINIMUM 25' ` VEGETATIVE BUFFER TO THE EXTENT POSSIBLE l r , t i i} FOR STREAM EQUIPMENT CROSSINGS, SEE NOTE 13 T i r SEE SHEET 2 FOR NOTES 12 XRMIK COLONK PIPELINE COMPANY aoolo,oM TYPICAL OPEN CUT DRY FLUME MAINTENANCE DIG AT WATERBODY FROM 15' TO 50' mm "" wa awww ?r Immmm I- DRY FLUME MAINTENANCE WORK THE FOLLOWING 6 A SEQUENCE OF CONSTRUCTION AND MITIGATION MEASURES TO BE FOLLOWED AT ALL "DRY FLUME' WORK LOCATIONS 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/REPAIR AS NECESSARY. STEP 4. BACKFLL AND RE HM STREAM BANKS. STEP 5. REMOVE FLUME CROSSING. STEP 6. IMPLEMENT PERMANENT EROSION AND SEDIMENTATION CONTROLS. 1. MARK OUT AND MAINTAIN LIMITS OF AUTHORIZED WOW( AREAS WITH FENCING OR FLAGGING TAPE TD AVOID UNNECESSARY DISTURBANCE OF VEGETATKMI. ENSURE KING BEEN BRIEFED OPERATORS RPLAN AANND THEE MAR NEEDED TO PROW 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 DWIURBED AREAS AND THE WATER900U: INSTALL AND MAINTAIN A SILT FENCE OR HAY BALE GARNER UPSLOPE OF THE BUFFER STRIP ON EACH SIDE OF THE WATERBODY. 4. CONTRACTOR SHALL SUPPLY INSTALL AND MAINTAIN SEDIMENT CONTROL STRUCN_ RES. AS ISEEPIC ED OR ALONG DOWN GRADIENT SIDES OF WORK AREAS AND STAGING AREAS SUCH THAT NO HEAVLY SILT LADEN WATER ENTERS THE WATT]IBODY. a. NO HEAVILY SILT LADEN WATER SHALL BE DISCHARGED ORECTLY OR OUREC1-Y NTD THE WATERBODY. b. EROSION AND SEOM W CONTROL STRUCTURE LOCATIONS AS DEPICT Y THEDCOAPANY INSPECTOR TAND MAY BE ADJUSTED AS IDIRECYTED O ACTUAL SITE CONDITIONS. a SLT FENCE OR HAY SALE INSTALLATIONS SHALL INCLUDE RCONSSTRUUC110N SECTIONS 70 WAY BALE ABARR ONLYY IN LIEU OF A SILT FENCE WIC FREQUENT ACCESS IS REQUIRED. d. SEDBIENT LADEN WATER FROM TRENCH DEIV ATERNG SHAD. BE DISCHARGED M TEAINGA SWELLTRVEGETAiM GEOTEIR??FLIM BAG. FLAY BALE DM e SEDIMENT CONTROL STRUCTURES MUST BE IN PLACE AT ALL TMMES ACROSS THE DWT RBi;D PORTIONS OF THE RIGHT-OF-WAY EXCEPT DURING EXCAVATION/REPAIR. 6- FLUME CAPACITY DURING DRY CROSSING SHALL BE SUFFICIENT TO ACCOMMODATE 1.5 TIMES THE FLOW MEASURED AT THE TIME OF CONSnWT1ON PRONDED THAT THE FLUMES WILL BE IN PLACE NOT MORE THAN 96 HOURS AND NO PRECIPITATION IS FORECAST. PASS THE CAPACITY FOR VEHICLE ACCESS 2 YEAR DESIGN FLOW OR THE FLOW ?REIIS?O?NABLLYY EXPECTED TO OCCUR DURING THE INSTALLATION. BMW 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 EXCAM00N. B. EXCAVATE AS REQUIRED TO INSPECT OR REPLACE PIPE 9. EWAVATED 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' dATUTRATID SOIL FROM FLOIANG BACK INTO THE WATERBODY. 10. DMATERINO SHOULD OOCINR 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 MAY BALE STRUCTURE TO PREVENT LOCAUgD EROSION. THE DISCHARGE WATER SHOULD ALSO BE FORM INTO SHEET FLOW NMMEDIATELY BEYOND THE SPILL PAD USING MAY 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 SDIBLE ANGLE AND PRDTECTm WITH EROSION RESISTANT MATERIAL COMPATIBLE WITH THE FLOW CONDITIONS C. CONTROL BUSS. CRAIG. ROCK RP- ITC, TO THE MAXMUM POSSIBLE BEFORE REMOVING DAMS. b. REMOVE DOWNSTREAM DAM. a REMOVE UPSTREAM DAM. d. REMOVE FLUME. e. COMPLETE BANK TRIMMING AND EROSION PROTECTION. IF SANDBAGS ARE USED FOR THE WAS, PLACE AND REMOVE BY HAND TO AVOID EQUIPMENT MAKING BAGS 12. CONIRACTOR SNAIL RESTORE THE STREAM BED AND BANKS TO APPROXBLATE PRE-CONSTRUCTION CONTOURS. BUT NOT TO EXCEED 2:1 SLOPE. a. CONTRACTOR SWILL INSTALL PERMANENT EROSION AND SEDIMENT CONIROL STRUCTURES AS INDICATED ON A SITE SPECIFIC BASIS. IN THE ABSENCE OF SITE SPECIFIC INFOR- MAXON A FTE7XISLE CHANNEL UNER SUCH AS NAG C125 OR C350 II &H IB CAPABLE OF WITHSTANDING ANTICPATED FLOW SHALL . ALTERNATIVELY. ROCK RIP- W SHALL. I), ANY MAMA S PLACED N Ti1E STREAM TO FACILITATE CONSTRUCTION SHALL BE REEDITED DURING RESTORATION. BANKS SHALL BE STABILIZED AND TEMPORARY SEDIMENT BARRIERS INSTALLED AS SOON AS POSSIBLE AFTER N-STREAM W . BUT WITHIN 24 HOURS OF COMPLETING THE N-STREAM 1. PLACE IMPERVIOUS DAMS AT EACH END OF THE FLUME. UPSTREAM MAINTAIN A SLT FENCE OR HAY DALE BARRIER ALONG FIRST. THEN DOWNSTREAM. ACCEPTABLE ALTERNATIVES INCLUDE THE WATERBODY UNTL VEGETATION IS ESTABLISHED IN GRAVEL WITH RP-RAP PROTECTION SAND BAGS. STEEL PLATE AND ADJACENT DISTURBED AREAS. R=ILL DURING INSTALLATION tN5TALL AN IMPERVIOUS MEMBRANE. 13. TEMPORARY EOUPMENT CROSSING CAN DE CONSTRUCTED USING EITHER IF NECESSARY TO LIMIT LEAKAt;1~ DAMS MAY NEED KEYNG INTO A FLUME CROSSING OR A TEMPORARY BRINCE. FOR BRIDGE CROSSING THE BANK AN6 STRFJIMBEA. DETAILS. REFER TO THE TYPICAL RAILCAR BRIDGE CROSSING OR TYPICAL NAT CROSSING DRAWINGS. TROW ENGNEEItING CONSULTANTS INC. 119L. ? pmm PSI as.NS1 CAS i 01-0-sou I AS COLONIAL PIPELINE COMPANY JAILIN'G` a601101A TYPICAL OPEN CUT DRY FLUME MAINTENANCE DIG AT WATERBODY FROM 15' TO 50' HINT ML MM0. mww sMMto? ,MOOaea?es ML-MMs 2 OF; APPENDIX D DETAILED SITE DRAWINGS rv?w.c- aai c?oweavc sn ?? ?+a??rom s? xowu ?? loll W It; g M a 3 I e ? fl ? I1 its I lie L s 00- 00 000 ,/ . • 0 ?0 LB. 1 0 apo ?' p o a ? B + 000 000 A- 00 G ? ? a O ?j 000 p0p i C 00 IGrr ? D p o $°a i ? t p a p D 0 0 0 1 60 0 pa ' p0 D / °° o° °D oaa i x APPENDIX E 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. 0 All terms and conditions within Nationwide Permit 3 will be followed. t 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 Coloniars 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 F FLOOD INSURANCE RATE MAP (FIRM), PANEL 0732 m r?EO omm m_ LLJ 0 00 ?' Qo N End '? o C4 °° g°?"LL 0 C H¦o Z aV? ?<«o m we 15 LII <<M,ZO I ME .. l7 W H Z 8 'n xo?? CJ a E a 0 v h? s °-? ij q v?$,? nvm mWaCS .. W E if -E o Wmm _ z = j H? U^? y e Y E E O '? < (? a ?°'w o u cc o d co $ 0 0 t; 4) .. Z 0O X? W O gO> ??? Fga ?N{?HW LL 0 o LYi 25 g a 'o , a= ? c?i w M O ? j rF?? z y ?W5 5p E pp II I! L.L. Fti Z. hi OVI U Z3gE Wg Y L Wr ?LL U?U W JQo U APPENDIX G WILMINGTON DISTRICT AGENT AUTHORIZATION LETTER UD Woniai 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 2761 S Division of Water Quality 401 Wetland Unit 1'850 Mail Service Center Raleigh, North Carolina 27699 Subject: Author'aation Letter To Whom It May Concern: Telephone: (706) 889-8658 Colonial Pipeline Company (CPC) gives authorization to Wetland & Ecological Consultants M EC) to serve as our agent regarding North Carolina Division of Water Quality (DWQ)lU.S. Army Corps of Engineers (USACE) Pre-Construction Notfication (PCN) Application Forms. Should you have any questions or concerns please contact me at the Wfedmd address or telephone number. Sincerely, w / Z? Jeff Richands Environmental Manager Southeast District 391 Scruggs Ringgold, GA 30736 APPENDIX H WILMINGTON DISTRICT PCN FORM 201 1005 0F wA rF9QG o? r O -t 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 PA In 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit , . 1 b. Specify Nationwide Permit (NWP) number: 3 and 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: N Yes ? No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 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) - Tributary to Beaver Creek 2b. County: Wake County 2c. Nearest municipality / town: Apex 16 L!5 L9 2d. Subdivision name: No subdivision in the area 2e. NCDOT only, T.I.P. or state project no: 2011 Not a NCDOT or T.I.P. project. 3. Owner Information ILAMSANDIMRT66WH 3a. Name(s) on Recorded Deed: CPC, an existing and functioning petroelum pipeline constructed in 1963-1964 3b. Deed Book and Page No. CPC, an existing and functioning petroelum 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: Pittsboro, NC 27312 3f. Telephone no.: (423) 305-1187 3g. Fax no.. (706) 891-9916 3h. Email address: jrichard@colpipe.com Page 1 of 12 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.: (432) 305-1187 4g. Fax no.: (706) 891-9916 4h. Email address: jrichard@colpipe.com 5. Agent/Consultant Information (if applicable) 5a. Name: Richard Whiteside 5b. Business name (if applicable): Wetland & Ecological Consulants 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.: (770) 591-9993 5g. Email address: rwwhiteside@wet-eco.com Page 2 of 12 PCN Form -Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. 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: 35.736083 Longitude: - 78.88153 (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 Beaver Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS IV, NSW, CA 2c. River basin: Cape Fear/Jordan Watershed 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 an intermittent 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 Transportation (USDOT). 3e. Describe the overall project in detail, including the type of equipment to be used: The maintenance activity will require temporary disturbance to approximately 70 linear feet of an unnamed intermittent stream to stabilize the stream banks and protect an existing petroleum pipeline at this location. All pipeline maintenance activities will occur within the existing and maintained ROW. To ensure the integrity of the Lines 22-24 at this location, CPC will initially inspect the pipeline for any damages. This will require CPC to excavate a small area over the pipeline to inspect the pipeline for damage. To minimize sedimentation to the creek during the inspection and subsequent maintenance activity, temporary dams will be constructed at each end of the maintenance area and the stream flow will be pumped around the maintenance area at each site. The dams will be constructed of sandbags or other suitable material, and the pump capacity will be able to sufficiently accommodate the stream flow. The pumps will be installed above the upstream dam with the discharge line routed through the maintenance area, discharging immediately downstream of the downstream dam (see Appendix B in the attached document). As an alternative method to using a pump, CPC may use a steel pipe flume to convey the stream flow through the reach of stream to be disturbed. The flume will be used to maintain flow to the downstream side of the disturbed area, and the excavation will be carried out under the flume (see Appendix Cin the attached document). Both techniques allow the maintenance to take place without contact to flowing water (i.e. , "in the dry"), thus reducing downstream sedimentation. Following the inspection of the pipeline and the completion of the pipeline maintenance activities, the pipeline will be protected using pre-cast concrete revetment mats placed within the existing CPC ROW, over the existing pipelines. Specifically, the grout mats will be placed within an 70-linear foot segment of the stream channel, underlaid with and geotextile filter fabric (see Appendix D in the attached document). The quantity of this "fill material" (i.e., revetment mat) below the plane of the ordinary high water mark will be approximately 12 cubic yards. During the maintenance and subsequent stabilization CPC's Soil Erosion and Sedimentation Control Plan will be implemented to protect the streams from sedimentation (see Appendix E in the attached document). There will be no disturbance to jurisdictional waters located outside of CPC's ROW. Page 3 of 12 PCN Form - Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? 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 4 of 12 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: 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 ? PER ® Corps 10 70 ® INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 70 3i. Comments: No natural buffers on the mowed and maintained serviceable pipeline right-of-way. Page 5 of 12 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 K Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ®No if yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ® Other: Jordan Lake 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 im act re uired? B1 ?P?T ?Yes ® No B2 ?P?T ?Yes ® No B3 ? P ? T ? Yes ® No 6h. Total buffer impacts 6i. Comments: This project is exempt from buffer rules. Page 6 of 12 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed pipeline maintenance activities have been designed to avoid and minimize impacts to jurisdictional waters to the maximum extent practicable. The temporary stream disturbances do not exceed any of the USACE, Wilmington District, Nationwide Permit Regional Conditions requiring mitigation [Refer to USACE, Wilmington District Regional Condition 3 (2) below]. Nevertheless, the proposed stream/bank stabilizations completed to maintain and protect the existing pipelines will result in improved water quality of the stream by reducing soil/bank erosion, which will offset the minor/temporary disturbances associated with the required pipeline maintenance. To ensure that the existing plant community is reestablished following the proposed activity, CPC will segregate the topsoil containing seeds and rhizomes from the rest of the excavated soil. Upon completion of the maintenance activity, the excavated area will be backfilled, and the topsoil will be returned to the top of the excavated area. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Equipment will be operated from the stream banks to avoid any impacts to the stream from the machinery. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps ? Mitigation bank 2c. If yes, which mitigation option will be used for this ? Payment to in-lieu fee program project? ? 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 E.a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. No mitigation is required for the above mentioned project. Page 7 of 12 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). No riparian buffer mitigation is required for the above mentioned project. 6h. Comments: No riparian buffer mitigation is needed for the above referenced project. Page 8 of 12 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 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: No increased impervious surface and disturbances will be limited to the ? Yes ® No maintained right-of-way which is which is exempt as an existing and on going use. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a temporary disturbance to an existing pipeline in a maintained right-of-way for required maintenance with limited soil disturbance, and therefore does not require a Storm Management Plan. The maintenance project will result in 0% impervious surfaces. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Not required ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Not required ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 12 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ 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 involve an expenditure of public (federal/state/local) funds or use of public (federal/state) land. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): No to both of the above questions. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No additional development, only required maintenance to an existing and operating pipeline. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wasterwater will be generated, only required maintenance to an existing and operating pipeline. Page 10 of 12 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Reviewed existing USFWS recoreds for the area and conducted filed survey for species known to occur in the area. According to current U.S. Fish and Wildlife Service (USFWS) data, the federally protected species listed as potentially occurring in Wake County include: the red-cockaded woodpecker (Picoides borealis); dwarf wedgemussel (Alasmidonta heterodon); and Michaux's sumac (Rhus michauxii). The bald eagle (Haliaeetus leucocephalus), which is protected under the Bald and Golden Eagle Protection Act is also listed potentially occurring in Wake County. Neither the small, unnamed stream nor the regularly-mowed existing pipeline right-of-way provide suitable habitat for these species. Additionally these species were not observed at the project site during our field investigation on December 17, 2010. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? National Oceanic and Atmospheric Administration (NOAA) data base. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? CPC's petroleum pipeline is an existing underground, and functioning pipeline, constructed in 1963-1964. Maintenance of the existing pipeline will not disturb (direct or visual) any hisotric or prehistoric resources. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? 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? Flood Insurance Rate Map (FIRM) floodplain map, Panel 0732 Richard W. Whiteside `Q 1/6/11 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is rovided. Page 11 of 12 PCN Form - Version 1.3 December 10, 2008 Version Page 12 of 12 PCN Form - Version 1.3 December 10, 2008 Version