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)