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HomeMy WebLinkAbout20140642 Ver 1_401 Application_20140614June 10, 2014 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -5006 Attention: Ms. Tasha Alexander N.C. Division of Water Resources 401 Wetlands Unit 512 North Salisbury Street Raleigh, North Carolina 27604 Attention: Ms. Karen Higgins P; �'Ilw' 411 ZL�n 20140642 i 7 ;`,/ FMR—WAM 2014 ID QuunLirY 6W _ . w Reference: Courtesy Pre - Construction Notification (PCN) And Request for Preliminary JD Perth Road Pipeline Replacement Project Iredell County, North Carolina S &ME Project No. 7235 -14 -007, Phase 13 Dear Ms. Alexander and Ms. Higgins: S &ME, Inc. (S &ME) hereby submits a courtesy Pre - Construction Notification (PCN) for the proposed installation of approximately 1.3 miles of 8 -inch a natural gas pipeline replacement in Iredell County, North Carolina. The pipeline replacement will be installed via Horizontal Directional Drill (HDD) beneath a segment of Lake Norman in Troutman, North Carolina. S &ME has been retained by PSNC to provide support services related to project authorization by the U.S. Army Corps of Engineers ( USACE). This project will also require a Duke Energy Conveyance Permit for the crossing of Lake Norman, which is licensed by the Federal Energy Regulatory Committee and managed by Duke Energy Carolinas, LLC. In accordance with the aforementioned Duke Energy Line Crossing agreement, scoping letters were provided to multiple federal, state, and municipal agencies on April 30, 2014. The NC Division of Water Resources (NCDWR) responded in a May 12, 2014 email stating that if no impacts to Waters of The U.S. (WOUS), including wetlands, are proposed, no further information or notification would be required. They additionally commented that the Catawba River basin is subject to riparian buffer requirements, and buffer permitting may be necessary if impacts are unavoidable. On May 30, 2014, the USACE responded, stating that Lake Norman is not a Section 10 water of the U.S., but that the pipeline would be subject to Section 404 requirements, if WOUS were impacted, or if during the installation of the pipe, a discharge to a WOUS occurred. The USACE further stated that a delineation of WOUS should be conducted, and information related to the delineation forwarded to the USACE for review and comment. Copies of these correspondences are included in Appendix III, attached. Accordingly, S &ME conducted S &ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273 -5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com Courtesy PCN and Preliminary JD Request SWE Project No 7235 -14 -007, Phase 13 Perth Road Pipeline Replacement Proiect June 11, 2014 WOUS delineation and submits this courtesy PCN and Request for Preliminary Jurisdictional Determination (Preliminary JD). Please note, the proposed replacement project will not result in impacts to jurisdictional streams, wetlands or other waters of the United States, or waters otherwise regulated by the state of North Carolina Consequently, no action is required pursuant to Sections 404%401 of the Clean Water Act. In support of this courtesy application and request for Preliminary JD, please find attached the following: • Figures- Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), Aerial Photograph (Figure 3), USDA Soil Survey (Figure 4) • Appendix I: Pre - Construction Notification (PCN) and Agent Authorization Form • Appendix II• Site Photographs • Appendix III: Information Request Responses • Appendix IV • Preliminary Request for JD BACKGROUND INFORMATION As indicated, S &ME was retained by PSNC to assist with aspects of environmental permitting requirements for the proposed pipeline replacement, including Sections 404, 401, and 402 of the Clean Water Act, and potential Section 10 requirements under the Rivers and Harbors Act PSNC plans to install approximately 1.3 miles of replacement pipeline (8 -inch steel and plastic), within existing NC Department of Transportation (NCDOT) Rights -of -Way (ROW). The area of disturbance will be limited to 15 -feet wide for installation of the replacement pipeline, and installation of the HDD. Please note, the existing pipeline below Lake Norman currently will be capped and left in place PROJECT DESCRIPTION The proposed pipeline replacement project originates at an existing tie -in location Just west of the N.C. Highway 150 and Doolie Road intersection in Mooresville, Iredell County, North Carolina (35.6016 0N, - 80.8974 °W). The pipeline then extends north along the west side of Perth Road, cfossing Catawba Air Road, Normandy Road, and Lake Norman before terminating at a tie -in location just south of the intersection of Hideaway Road and Perth Road�(35-6196 °N, - 80.8897 °W) See Figures 1 -4, attached The proposed pipeline replacement will be located within existing NC DOT ROW The anticipated disturbance area associated with the replacement pipeline will be limited to 15 -feet wide over the centerline of the existing pipeline that is to be replaced Other associated workspace is limited to that necessary to conduction boring of existing roads, and workspace necessary for the proposed HDD. The total disturbance area is, not expected to exceed 1 5 acres Construction of the pipeline may include clearing and grubbing throughout 15 -foot wide pipeline replacement corridor and associated workspaces, as well as excavating a trench to place the pipeline within the workspace. Construction activities are not anticipated to 2 Courtesy PCN and Preliminary JD Request SWE Project No 7235 -14 -007, Phase 13 Perth Road Pipeline Replacement Project June 11, 2014 have significant adverse impacts down - gradient in the watershed or on adjacent properties The HDD under the bed of Lake Wylie will extend approximately 1,665 feet (from entry to exit). The minimum depth of the HDD will be 30 feet below the lake bottom. Eight - inch diameter steel pipe will be used for the HDD. The larger project area consists primarily of undeveloped woodland, commercial areas, open field, and residential neighborhoods. Vegetation within the existing NCDOT ROW included various grasses (Festuca spp.) and broomstraw °(Andropogon virginicus). JURISDICTIONAL AREAS On April 23, 2014 S &ME visited the project corridor to review the area for wetlands and/or WOUS. The delineation was conducted utilizing currently accepted methods for wetland determination, as set forth in the 1987 Corps of Engineers Wetlands Delineation Manual and the corresponding Eastern Mountain and Piedmont Region USACE Regional Supplement' Guide, which states that under normal circumstances, an area must demonstrate the presence of `three components to be considered jurisdictional. 1) hydrophytic vegetation, 2) hydric soils, and 3) wetland hydrology When necessary, stream assessments were conducted in accordance with NCDWR and USACE guidelines. One WOUS - Lake Norman (OW1), was identified within the project corridor; no other wetlands or WOUS (including those regulated by the State) were delineated within the review.corridor. Figures of the project corridor are attached and photos of the project corridor are included as Appendix II Documentation required for the,request for Preliminary JD is included in Appendix IV. FEDERALLY - PROTECTED SPECIES AND CULTURAL RESOURCES Federally- Protected Species To comply with applicable sections of the Endangered Species Act (ESA) of 1973 (16 USC 1531- 1543), S &ME initially consulted with the U.S Fish & Wildlife Service ( USFWS) and the North Carolina Natural Heritage Program (NCNHP). Scopmg letters with project information and maps of the proposed alignment were provided to both agencies on April 30, 2014 In addition to the agency scoptng, S &ME also reviewed existing records obtained from federal and state sources The USFWS list of federally-protected species (updated December 27, 2012) was consulted for documented (current or historic) occurrences of protected species within Iredell County Results of this review are outline in Table 1. Pedestrian reviews for terrestrial species were conducted along the project corridor, concurrent with delineation efforts, on April 23, 2014 3 Courtesy PCN and Preliminary JD Request SWE Project No 7235 -14 -007, Phase 13 Perth Road Pipeline Replacement'Proiect June 11, 2014 Table 1. Federally Protected Flora and Fauna Summary 4� � Species roc. „ s sti+n. rae .ate,. � i'�'v'* 1 .Y' T✓* �FeiieralRank �,rr�,an-�va 'wk`�yn +x"i'�.'�y _ F"4a `S- CountyStatue „nt+: ..t w.,� xr � 1 d, Hexastylis nan►flora T Current Dwarf- flowered heartleaf Glyptemys muhler►bergu T (S /A) Current Bog turtle T = Threatened, T(S /A) = Threatened due to similarity of appearance As part of the protected species literature review, S &ME reviewed the North Carolina Natural Heritage Program ( NCNHP) Geographic Information Systems (GIS) files of Element Occurrence (EO) and Natural Heritage Areas available from NC OneMap. This search revealed no element occurrences within a two -mile radius that included the entire project corridor The proposed replacement is within maintained NCDOT ROW, which includes both natural vegetation areas of herbaceous and low woody growth and maintained lawn areas. The NCDOT ROW along Perth Road has, been frequently maintained Results of that review are outlined briefly below Dwarf_flowered heart-leaf is typically associated with deciduous forest in acidic soils, frequently being found along sideslopes and boggy areas near streams, north facing slopes and adjacent hillsides and bluffs The proposed pipeline corridor is completely contained within the NCDOT ROW; therefore, S &ME determined that the proposed project is.not likely to adversely affect this plant species. The bog turtle can be found in hummocky wetlands,with soft pliable soils, in which they like to burrow. No wetlands or Waters of the U.S. were delineated, with the - exception of OW 1 (Lake Norman) where the shoreline has been previously stabilized with np rap. Accordingly, no supportive habitat for this species was observed to be present along the proposed pipeline review corridor An Information Request letter was sent to USFWS and NCNHP on April 30, 2014. To date, no response has been received Cultural Resources S &ME sent an Information Request letter to the North Carolina State Historic Preservation Office (SHPO) on April 30, 2014. SHPO's response letter dated May 29, 2014 stating they were unaware of historic properties which would be impacted by this project; as such they have no comment See the Appendix III for a copy of SHPO's letter. AVOIDANCE AND MINIMIZATION The The pipeline replacement project has been designed to avoid impacts to jurisdictional waters to,the extent practicable Beyond the Lake Norman crossing, no other junsdtcttonahwaters will be�crossed by the replacement project as proposed The crossing of Lake Norman will be installed via HDD to a depth of 30 feet below the lake bottom Courtesy PCN and Preliminary JD Request SWE Project No. 7235 - 14-007, Phase 13 Perth Road Pipeline Replacement Proiect June 11, 2014 Implementation of the Erosion &Sediment Control Plan should prevent significant adverse indirect impacts down - gradient in the watershed. CLOSING By copy of this correspondence and completed application, we are requesting your written concurrence with this application for compliance with Section 404 requirements. If you desire additional information, please contact us at 704.523.4726, or by email. Thank you. Sincerely, S &ME �1 Crystal , CE Environmental Staff Professional cfox@smeinc.com Chris Daves, P.W.S. Natural Resources Senior Reviewer CC: Whitney Waldrop, PSNC Alan Johnson, DWR Joey Lawler PWS Environmental Project Manager jlawler@smeinc.com Scale 1" = 10,000' f- EM z `� 9 SAG m � � ORFRD � 1 ° Z END = PROJECT _ Lake Norman 15 Pr' aAl nment - Z It qe 5 O J a y0 'Aa C9A9 AUDREY LN y 1 m *LSON L 9 a OIL I tOIP-PO �ELV D IN RD J 1y c �O R9 /Nei RRY R X70 40 O q S �N Cr Q�� i i I C \a, J� � O W J \ \eo �, BEGIN Q f , \ PROJECT r 3 -j c9 \.� 0 1 u \ J J/ - `Y 1 Approximate Location of Proposed Horizontal Directional Drill of Lake Norman �pJJ V .1 � Approximate Location of the Proposed Perth Road Pipeline Replacement It p REFERENCE: THE ABOVE GIS HYDROLOGY DATA WAS OBTAINED FROM THE NATIONAL HYDROGRAPHY DATASET. STREET 0 1,000 2,000 GIS DATA WAS OBTAINED FROM THE REFERENCED COUNTY. PROJECT ALIGNMENT INFORMATION WAS OBTAINED FROM PSNC ENERGY. PLEASE NOTE THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY. IT IS Feet NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. SBME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER 1 inch = 1,200 feet BASED UPON INFORMATION OBTAINED FROM THE ABOVE DATA. SCALE: AS SHOWN #S&ME WWW.SMEINC.COM SITE VICINITY MAP PERTH ROAD NATURAL GAS PIPELINE REPLACEMENT IREDELL COUNTY FIGURE NO. 1 DATE: 04/25/14 DRAWN BY- CXR PROJECT NO: L 7235 -14 -007 PH. 13 NORTH CAROLINA r ��� • END t f� PROJECT e Jcl j Pumping lfStat n Bk►. "� 770 �, Gold I'll, Island If 1111 in LL Ah 1.��ROJECT +. I Approximate Location of Proposed Horizontal Directional Drill of Lake Norman �+ 1 Approximate Location of the Proposed Perth Road Pipeline Replacement REFERENCE: THE ABOVE USGS QUADRANGLE IMAGE WAS OBTAINED FROM THE NORTH CAROLINA DEPARTMENT OF 0 1,000 2,000 TRANSPORTATION. PROJECT ALIGNMENT INFORMATION WAS OBTAINED FROM PSNC ENERGY. PLEASE NOTE THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR Feet ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY SBME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON Scale 1" ° 1,000 INFORMATION OBTAINED FROM THE ABOVE DATA. opy, SCALE AS SHOWN USGS TOPOGRAPHIC MAP FIGURE NO. DATE 04/ S&ME PERTH ROAD NATURAL GAS SJT DRAWN BY: 5JT _ PIPELINE REPLACEMENT 2 PROJECT NO: WWW.SMEINC.COM IREDELL COUNTY L 7235 -14 -007 PH. 13 NORTH CAROLINA i F�Pg CeE CaC CeB2 Cf8 Pg CeC2 I L�- cE2 PcC2 PcE2 CgC PcD2 PCC: CeC2 PcD2 / UmF PcE2 Orb PcC2 PcE2 J ScD PcE2 PaF CeC2 PcE2 CgC CeB2 CFrA PcD2 RiF PcD2 RiF PcC2 PcE2 MaD4 PaF PcD2 PcC 2 PcB2 Lc B2 PcC2 r_ PcE2 PcD2 �� WaA PcD2 �p PcC2 PcE 2 . CgC MaD4 CeC2 PaF CeC2 UmF PcD2 CgC END PROJE Lake Norman W CgC CeC2 CeB2 D rB PcD2 RiD CgC D rB CgC PcE2 PcD2 CIA C gE PgE ScD 32 p,. CeC2 B P eC2 ,,—PcD2 CgC CeC2 CeC2 PCD2 CeC2 CIA G CeB2 07 d� PcD2 Pa CeC2 BEGIN PROJECT J Legend PcD2 Project Alignment CeC2 MdB MaD4 PcC2 Stream or Tributary PcE2 CeC2 c = Waterbody w CeC2 CeB2 CgC CeB2 PcD2 REFERENCE: THE ABOVE GIS STREAM AND WATERBODY GIS DATA WAS OBTAINED FROM THE NATIONAL HYDROGRAPHY 0 1,000 2,000 DATASET. SOIL DATA WAS OBTAINED FROM THE NRCS SOIL DATA MART WEB SITE. PROJECT ALIGNMENT INFORMATION WAS OBTAINED FROM PSNC ENERGY. PLEASE NOTE THIS DATA IS FOR INFORMATIONAL Feet PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN. LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY S &ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE Scale 1 = 1,000 OR ANY ACTIONS TAKEN BY THE USER BASED UPON INFORMATION OBTAINED FROM THE ABOVE DATA. SCALE: T" = 1,000 SOIL SURVEY MAP FIGURE NO DATE: 06/04/20 '4 _ S&ME DRAWN BY CxR _ PERTH ROAD NATURAL GAS 4 PROJECT NO WWW.SMEINC.COM PIPELINE REPLACEMENT L 7235 -14 -007 PH. 13 IREDELL COUNTY, NORTH CAROLINA AGENT AUTHORIZATION FORM Date &IN� ZD P roject Information S &ME Protect Name Perth Road Natural Gas Pipeline Replacement Type of Protect Construction Location Troutman, North Carolina Property Owner /Representative Information Business Name Mailing Address City, State, Zip Code Telephone No Contact Agent Information Business Name Street Address City, State, Zip Code Telephone No Contact PSNC Energy 800 Gaston Road Gastonia, N C 28056 704 834 6621 Whitney Waldrop S &ME, Inc 9751 Southern Pine Boulevard Charlotte, NC 28273 (704) 523 -4726 Crystal Fox Authorization I on behalf of (Contact Signature) PSNC Energy hereby authorize (Name of Landowner or Representative) S &ME, Inc to act as agent,for the above - mentioned protect 20940642 OF w n rF9 Office Use Only: y Corps action ID no. o < DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x 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: ❑x Yes ❑ No For the record only for Corps Permit: ❑Q 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 ❑x No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ❑x No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes No 2. Project Information 2a. Name of project: Perth Road Proposed Pipeline Replacement Project 2b. County: Iredell 2c. Nearest municipality / town: Troutman 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. p 3c. Responsible Party (for LLC if applicable): _ 3d. Street address: , ., I 4 t 3e. City, state, zip: 3f. Telephone no.: stwymetv Branch 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent x❑ Other, specify Utility Crossing 4b Name Whitney Waldrop, PE 4c Business name (if applicable) PSNC Energy 4d Street address 800 Gaston 4e City, state, zip Gastonia, NC 28056 4f Telephone no 704 834 6621 4g Fax no 4h Email address MAEGAN WALDROP @scana corn 5 Agent/Consultant Information (if applicable) 5a Name Crystal Fox 5b Business name (if applicable) S &ME, Inc 5c Street address 9751 Southern Pine Boulevard 5d City, istate, zip Charlotte, NC 28273 5e Telephone no 704 523 4726 (office) 704 302 7890 (cell) 5f Fax no 704 525 3953 5g Email address cfox @smeinc com Page 2 of 10 B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) NA - Gas Line ROW 1 b Site coordinates (in decimal degrees) Latitude 35 6175 Longitude -80 8902 1c Property size acres 2 Surface Waters 2a Name of nearest body of water to proposed project Lake Norman 2b Water Quality Classification of nearest receiving water WS -IV, CA 2c River basin Catawba 3 Project Description 3a Describe the existing conditions on the site and the general land use,in themcinity of the project at the time of this application Protect`locadon consists of NCDOT maintained Right -of -Way General surrounding °land use&consists of low and high density residential areasJow density development, forested areas, -and open fields 3b List the total estimated acreage of all existing wetlands on the property 0 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 0 3d Explain the purpose of the proposed project PSNC plans to replace an 8 -inch steel natural gas pipeline via horizontal directional drill and traditional trench methodology within existing NDOT ROW 3e Describe,the overall project in detail, including the type of equipment to be used Limited,grubbing, grading, and`cleanng will occur within a 15 46ot corridor centered on the pipeline HDD will be used to drill beneath Lake Norman 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all nor° hases ,in the past? ❑ Yes ❑ No 0 Unknown Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary E] Final 4c If yes, who delineated the jurisdictional areas? Name (if'known) Agency /Consultant Company 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 this project (including all prior phases) in the past? El Yes ❑Q No ❑ Unknown 5b If'yes, explain in detail according to "help file" instructions 6 Future Project Plans 6a Is this a phased protect? ❑ Yes ❑Q No 6b If yes, explain Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ❑ Streams —tributaries ❑ Buffers ❑z 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 Wetland impact number Permanent (P) or Temporary T 2b Type of'impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ,(401, other) 2f Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes /No - W5 - Choose one Choose one Yes /No - W6 - Choose one Choose one Yes/No - 2g Total Wetland Impacts 2h Comments No impacts are anticipated to Wetlands or other Waters of the U S as a result of this protect 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 Stream impact number Permanent (P) or Temporary (T) 3b Type,of impact 3c Stream name '3d Perennial (PER) or intermittent (INT)'? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h Total stream and tributary impacts 31 Comments No impacts are anticipated to Streams or other Waters of the U S as a result of this project Page 4 of 10 PCN Form — Version 1 4 January 2009 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 indivii ually list all open water impacts below 4a Open water impact number Permanent (P) or Tem ora T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 - Lake Norman Choose,one Lake 0 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f Total open water impacts 0 4g Comments NO impacts are anticipated to LaKe Norman as a result OT the Honzontai UiFe-clionai n_ 5 Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f Total 5g Comments No impacts are anticipated to Wetlands or other Waters of the US as a result of this,protect 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no 51 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 any impacts require mitigation, then you MUST fill out Section D of this form 6a Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet 131 - Yes /No B2 - Yes /No B3 - Yes /No B4 - Yes /No B5 - Ye /No B6 - Yes /No 6h Total Buffer Impacts 61 Comments HDD entry and Exits locations are located outside of the existing 50 -wide Sediment and3Erosion Control buffers, associated with Lake Norman Page 5 of 10 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 project, as proposed, does not impact wetlands or Waters of the U S 1b Specifically describe measures,taken to avoid or minimize the proposed impacts,through construction techniques The crossing of Lake' Norman will be conducted via Horizontal Directional Drill 2 Compensatory Mite ation,for Impacts to Waters of the U S or Waters of the State 2a Does the project require,Compensatory Mitigation for impacts to Waters of the U S or Waters of the State? ❑ Yes ❑x No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project? ❑ Mitigation bank Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity Quantity 3c Comments 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 Choose one 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 5' Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form — Version 1 4 January 2009 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 ❑x No El 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 15 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) 6h Comments Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified 0 Yes ❑ No within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan'included? If no, explain why Sediment and,erosion control measures will be employed and maintained in accordance with the NCG01 ❑ Yes 0 No 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 ❑x No 2c If this project DOES NOT require a Stormwater Management Plan, explain why Sediment and erosion control measures will be employed and maintained in accordance,with ,the NCG01 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan? 3 Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? ❑'Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ 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 ❑HQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check all thattapply) ❑Session Law 2006 -246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached 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 8 of 10 PCN Form — Version 1 4 January 2009 F. Supplementary Information 1 Environmental Documentation (DWQ Requirement) 1a Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ❑>< No use of public (federal /state) land9 lb 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 ❑x No (North Carolina),Environmental Policy Act,(NEPA/SEPA)? 1c 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 ❑ Yes ❑ No letter) Comments ,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 ❑Q No or Riparian Buffer Rules (15A NCAC +26 0200)? 2b Is this an after - the -fact permit application? El Yes ® No 2c If you answered "yes" to one =or both of the above questions, provide an explanation of the violation(s) 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based,on past and reasonably anticipated future impacts) result in ❑Yes D,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 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 this Waste water will not be generated as a result of protect Page 9 of 10 PCN Form — Version 1 4 January 2009 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 Q No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act 0 Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS County List and Scoping letter to the Asheville Regulatory Field Office. To date, no response received. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑x No 61b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The project is not located in a drainage associated with Essential Fish Habitat, http: / /ccma. nos. noaa. gov /products /biogeography /sa -efh/ 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 ❑x 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? Scoping letter to the NC State Historic Preservation Office, response received of no impact. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ❑x No 8b. If yes, explain how project meets FEMA requirements: Pipeline will be installed via HDD beneath Lake Norman, no above - ground structures will result from this project. 8c. What source(s) did you use to make the floodplain determination? FEMA floodplain maps Crystal Fox V*e Applicant/Agent's Printed Name Date App nMgent' Signat (Agent's signature is vali6- ly if an authorization letter from the applicant is rovided. Page 10 of 10 Photo 1. View of Lake Norman facing south. Photo 3. View of project corridor facing north near the intersection of Perth Road and Normandy Road. Photo 5. Typical soils along corridor, roadside swale south of Yeaaer Road. Photo 2. View of drill entry location on the south side of Lake Norman. Photo 4. View facing south along Perth Road. Photo 6. View of road side swale Taken by: CJF Checked by: JoL &ME Date: 2014.04.23 REPRESENTATIVE SITE PHOTOGRAPHS PSNC Perth Road Pipeline Replacement Project Iredell County, North Carolina Project No.: 7235 -14 -007, Ph 13 1 Photo Page 1 of 1 Brent Schaufert From: Alexander, Tasha L SAW < Tasha L Alexander @usace army mil> Sent: Friday, May 30, 2014 5 02 PM To: Heath A Caldwell Subject: Comments for PSNC Perth Road (UNCLASSIFIED) Classification UNCLASSIFIED Caveats NONE Mr Heath Caldwell, Reference is made to the letter submitted dated April 30, 2014, regarding PSNC Energy's request for comments on the proposed installation of,approximately 6,875 linear feet of 8 -inch plastic and steel natural gas pipeline along Perth Road near the Town of Troutman, Iredell County, North Carolina This email is to clarify Department of the Army permit requirements for the proposed work We have reviewed the subject documents and determined that the proposed activity may impact jurisdictional waters of the United States and /or their associated wetlands, which are subject to our regulatory authority pursuant to Section 404 of the Clean Water Act The description of the work to be performed states the installation will include a horizontal directional drill crossing of, a cove of lake Norman, which is a water of the United States Lake Norman is not a Section 10 water of the U S therefore directional drilling under the lake bed does not require permitting unless the activity causes a discharge of fill Any discharge of excavated or fill material into waters of the United States and /or any adjacent wetlands, as well as the resultant flooding of adjacent wetlands, that may be present within the project limits will require Department of the Army (DA) permit authorization The type of DA,authorization required (i e , nationwide or individual permit) will be determined by the location, type, extent of jurisdictional area impacted by the project, and by the project design and construction limits The maximum processing time for a nationwide permit application is 45 days from the date of receipt of a complete application Due to the limited information provided for the project, we are unable to provide specific comments concerning DA permit requirements until additional data is furnished which details the extent of the potential jurisdictional impacts within the limits of the proposed project To assist you in this process, we recommend a qualified environmental consultant review the project and conduct a delineation of any jurisdictional waters and /or the wetlands present within the project area When this information becomes available, it should be forwarded to our office for review and comment, as well as a determination of DA permit eligibility Should you have any further questions related to DA permits for this project or would like to schedule a site visit, please contact me at 828 - 271 -7980, extension 226 You may,also visit our website at http / /www saw usace army mil/ missions /RegulatoryPermitProgram aspx to view the conditions associated with Nationwide Permits as well as notification procedures and applications Thank you, Tasha Alexander Regulatory Specialist Asheville Regulatory Field Office U S Army Corps of Engineers - Wilmington District 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Phone X828 271 7980, extension 226 email tasha I alexander @usace army mil The, Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http / /www saw usace army mil/ missions /RegulatoryPermitProgram asp x to complete the survey online Classification ,UNCLASSIFIED Caveats NONE Brent Schaufert From: Heath A Caldwell Sent: Monday, May 12, 2014 3 41 PM To:, Crystal Foz Cc: Michael Wolfe Subject: FW PSNC perth road project Attachments: D00050614 pdf Crystal - A response to scoping received today- From: Johnson, Alan [mailto•alan Johnson @ncdenr gov] Sent: Monday, May 1J2, 2014 12 -18 PM To: Heath A. Caldwell Subjecte PSNC perth road project Based on the information provided no impacts are proposed, therefore no further notice or information is required Be reminded of the Catawba Riparian buffer and any potential stream and wetland impacts that may occur and that may require permitting Sincerely, Alan Johnson -• • �d„a STA7F �'� North Carolina Department of Cultural Resources State Historic Preservation Office Ramona bt Bartos,Admlmtitratot Goi crnor Pzt McCrory secletam Susan K1Utt/ May 29, 2014 Michael Wolfe S &ME, Inc 9751 Southern Pine Boulevard Charlotte, NC 28273 -5560 Re PSNC Perth Road Project, S &ME 7235 -14 -007, Iredell County, ER 14 -0935 Deal. Mr Wolfe Thank you for your letter of April 30, 2014, concerning the above project Office of Arclu\ eti Ind I Iistorl Deputy Secretary Ktvin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project Therefore, we have no comment on the project as proposed The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Pieservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800 Thank you for ,your cooperation and consideration If you have questions concerning the above comment, contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or renee gledhill- earley@ncdcr gov In all future communication concerning this project, please cite the above referenced tracking number Sincerely, �,WdLUA� �Vil=ona M Bartos Location 109 Eastjones Street, Raleigh NC 27601 Mailing Address 4617 Mad scnlrt Centcr Ralugh N( 27699 4617 Telephone/ Fax (911)) 807 6570/807 -6599 Corps Submittal Cover Sheet Please provide the following info 1 Project Name Perth Road Pipeline Replacement- Project 2 Name of Property owne pplicant PSNC Energy 3 Name of Consultant/Agent S &ME, Inc. Attn: Crystal Fox 'Agent Authorization needs to be attached (See Appendix I) 4 Related/Previous Action ID Number(s) None 5 Site Address Existing NCDOT Right -of -Way 6 Subdivision Name N/A 7 City Troutman, NC 8 County Iredell Origin: 35.6016 °N, 80.8974 0W 9 Lat Terminus:35.6196 °N Long: 80.8897 °W (Decimal Degrees Please) 10 Quadrangle Name Lake Norman North (1993) 11 Waterway 12 Watershed Stumpy Creek — Lake Norman (HUC 030501011106) 13 Requested Action Nationwide Permit # General Permit # X Preliminary Jurisdictional Determination Request Pre - Application Request The following information will be completed by Corps office Prepare File Folder AID Assign number in ORM Authorization Section 10 Section 404 Project Description/Nature of Activity /Project Purpose Site /Waters Name Keywords Begin Date ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Crystal Fox, SBME, Inc 9751 Southem,PinwBoulevard, Charlotte NC,28273 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: See attached S &ME Courtesy PCN Cover Letter (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State NC County /parish /borough Iredell City Troutman Center coordinates of site (lat/long in degree decimal format) Lat 35 618597 °N, Long -80889817 Universal Transverse Mercator Name of nearest waterbody Lake Norman, Cornelius Creek Cove Identify (estimate) amount of waters in the review area Non - wetland waters 15 linear feet 1,305 width (ft) and /or Cowardin Class Lacustnne Stream Flow RPW Year Round, Impoundment, Cornelius Creek Cove, Lake Norman Wetlands acres Cowardin Class oW acres Name of any water bodies on the site that have been identified as Section 10 waters Tidal None Non -Tidal None E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination Date ❑ Field Determination Date(s) SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): Fs—/] Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant See Figures, Courtesy PCN ❑ Data sheets prepared /submitted by or on behalf of the app nt/con "sultant Office concurs with data sheets /delineation report Office does not concur with data sheets /delineation report ❑ Data sheets prepared by the Corps ❑ Corps navigable waters' study ❑ U S Geological Survey Hydrologic Atlas ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑✓ U S Geological Survey map(s) Cite scale & quad name 124000 Lake Norman North ❑✓ USDA Natural Resources Conservation Service Soil Survey Citation NRCS Sod Survey GIS Data,'Iredell County ❑ National wetlands inventory map(s) ❑ State /Local wetland inventory map(s) ❑ FEMA/FIRM maps Cite name ❑ 100 -year Floodplain Elevation is (National Geodectic Vertical Datum of 1929) ❑✓ Photographs ❑✓ Aerial (Name & Date) 2010 Aerial Photograph, NC One Map Figure 3 or ❑✓ Other (Name & Date) S &ME Representative Site Photographs ❑ Previous determination(s) File no and date of response letter ❑ Other information (please specify) 7 1 The Corps of Engineers believes that there may be Jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved Jurisdictional determination (JD) for that site Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time 2 In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of Jurisdictional waters, (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions, (3) that the applicant has the nght,to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization, (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms,and conditions of that permit, including whatever mitigation requirements the Corps ,has determined to be necessary, (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as, is practicable, (6) accepting a permit authorization (e g , signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are Jurisdictional waters of the United States, and precludes any challenge to such 'Jurisdiction in any administrative or Judicial compliance or enforcement action, or in any administrative appeal or,in any Federal court, and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C F R Part 331, and that in any administrative appeal, Jurisdictional issues can be raised (see 33 C -F R 331 5(a)(2)) If, during that administrative appeal, it becomes necessary to make an official determination whether CWA Jurisdiction exists over a site, or to provide an official delineation of Jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable 3 This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information informati necessarily been verified by the Cc later jurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) 12 for Signature and' date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable)