20140773 Ver 1_More Info Received_20140825

•
August 22, 2014
U.S. Army Corps of Engineers
Asheville Regulatory Field Office AUG 2 5 2014
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
Attention: Ms. Crystal C. Amschler
Reference: Ethanol Pipeline Project — Additional Information
Motiva Enterprises LLC
Old Mount Holly Road
Mecklenburg County, North Carolina
S &ME Project No. 4226 -14 -030
Dear Ms. Amschler:
On behalf of Motiva Enterprises, S &ME, Inc. (S &ME) hereby submits additional
information requested by the U.S. Army Corps of Engineers in support of the previously
submitted Preconstruction Notification (PCN) dated July 23, 2014. The request for
information was sent to Ronald Walker with S &ME via email dated August 11, 2014
(Appendix A). It should be noted that S &ME received a letter of approval authorizing
impacts under Water Quality Certification No.3884 from North Carolina Department of
Environment and Natural Resources Division of Water Resources (NCDENR, DWR)
dated August 8, 2014.
The email requested the signed Agent Authorization Form be submitted. The form is
attached in Appendix A. In addition five (5) items were listed as follows:
Please indicate what each end of the pipe will be tying into and update the plan to
show the tie ins.
The origin of the pipeline will tie into a pumping station on the CSX rail line property
with the termination tie in being piping at the Motiva facility located at 410 Tom Sadler
Road. The figures (Figures 1 — 4) have been updated to show the entire length of the pipe
line (5,351 Linear Feet) (Appendix B). The impacts will not change.
In the northern section of the pipeline, a non jurisdictional ephemeral drainage feature is
present and will be crossed aerially (Figure 2A). The pipeline in this area will be
constructed aboveground on a support system. One of the supports may be placed in the
drainage feature. Please find attached a completed NC DWQ Stream Identification Form
Version 4.11 and photos of the feature (Appendix C). The channel scored 14 on the form
and would be classed as ephemeral. The soils within the feature lacked hydric soil
indicators and are documented on the form and in the photos.
S &ME, INC. / 301 Zima Park Drive / Spartanburg, SC 29301 / p 864.574.2360 f 864.576.8730
281 Fairforest Way / Greenville, SC 29607 / p 864.297.9944 / www smeinc.com

Pre - Construction Notification —Additional Information S &ME Project No. 4335 -14 -030
Ethanol Pipe Line Project — Mecklenburg County NC August 22, 2014
2. The project is shown to end in the Transfer CSX Charlotte West Terminal project, a
project we recently issued a JD for. Is the Ethanol Pipeline project related to the
Charlotte West Terminal Project?
The Ethanol Pipeline Project is not related to the Charlotte West Terminal Project.
3. Impacts for WI and W2 indicates TWS. What does TWS mean?
TWS means temporary workspace.
4. Please further justify why a 40' construction corridor cannot be used, specifically
how this project differs from other pipeline projects requiring a larger construction
corridor.
The proposed project will require a combined temporary and permanent construction
right -of -way (ROW) greater than 40 -foot wide at stream and wetland crossings where the
pipe will be installed using traditional trenching methods (open -cut). Vegetation will be
removed along the "working side" of the ROW to accommodate placement of bridges or
timber mats that will serve as equipment crossings. The mats will provide space for
equipment to work and travel, and prevent excessive rutting and ground disturbance. On
the "non- working side" of the corridor, the pipeline will be staged on wooden pedestals
(skids), a trench excavated, and the top soil and sub soils from the trench will be
segregated and temporarily side cast. Depending on soil conditions (e.g. saturation or
soil types) at the time of excavation, the trench must be large enough to adequately install
the 12 -inch pipeline while maintaining worker safety in the trench. The additional 10-
feet of workspace provides area in which to stack soils from the excavation in the event
that the trench excavation sloughs and shoring of the trench is required, or soils do not
adequately "stack" (are loosely aggregated or saturated). Additionally the space is
needed to maintain soils within the permitted workspace when tight stacking is not
possible.
5. A preliminary JD form was provided however the form was not signed by the owner.
Please have the owner sign and re- submit. Additionally, please more specifically
describe the waters of the US in the table on the preliminary JD form, designating the
waters as they are shown in maps and in other sections of the submittal (Wl, W2, SI
and S2).
As the owners Agent we have signed the Preliminary JD Form with the waters table
updated as requested, please see the attached Form (Appendix D). A table describing
Waters of the U.S. has additionally been attached as a portion of Appendix D.
2

Pre - Construction Notification —Additional Information S &ME Project No. 4335 -14 -030
Ethanol Pipe Line Project — Mecklenburg County NC August 22 2014
Thank you for your review of this additional information and associated support
materials. If you have questions or need additional information, please feel free to
contact us at 864.297.9944.
Sincerely,
61NIIA D
Ronald Walker
Project Scientist
Senior Review by Chris Daves, P.W.S.
Crystal J. Fox, C.E.
Project Scientist
Attachments: Appendix A — Email Request
Agent Authorization Form
Appendix B — Updated Figures
Appendix C — NC DWQ Stream Identification Form and Photos
Appendix D — Signed Preliminary Jurisdictional Determination Form
CC. Karen Higgins — NCDWR 401 Buffer and Permitting Unit
Alan Johnson — NCDWR Mooresville Regional Office
3

APPENDIX A
Email Request
Agent Authorization Form

Ron Walker
From: Amschler, Crystal C SAW <Crystal.C.Amschler @usace.army.mil>
Sent: Monday, August 11, 2014 3:32 PM
To: Ron Walker
Subject: Ethanol Pipeline project (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Ron,
To follow up on our recent conversation please see the questions below. Please also forward a copy of the agent
authorization to me as well.
1) Please indicate what each end of the pipe will be tying into and update the plan to show the tie ins.
2) The project is shown to end in the Transfer CSX Charlotte West Terminal project, a project we recently issued a JD for.
Is the Ethanol Pipeline project related to the Charlotte West Terminal Project?
3) Impacts for W1 and W2 indicates TWS. What does TWS mean?
5) Please further justify why a 40' construction corridor cannot be used, specifically how this project differs from other
pipeline projects requiring a larger construction corridor.
6) A preliminary JD form was provided however the form was not signed by the owner. Please have the owner sign and
re- submit. Additionally, please more specifically describe the waters of the US in the table on the preliminary JD form,
designating the waters as they are shown in maps and in other sections of the submittal (W1, W2, S1 and S2).
Thanks.
Crystal C. Amschler
Project Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28403
(828)- 271 -7980 Ext 231
Classification: UNCLASSIFIED
Caveats: NONE

AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
PARCEL ID(s): 05721208 & 05724302
STREET ADDRESS: ' Parcel No. 05724302 at 7501 Old Mount Holly Rd
& Parcel No. 05721208 Old Mount Holly Rd Charlotte
Property Owner: Squire Elliott w /Motiva Enterprises LLC
The undersigned, registered property owners of the above noted property, do hereby
authorize
Ronald Walker , of S &ME INC
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and
acceptance of this permit or certification and any and all standard and special conditions
attached.
Property Owner's Address (if different than property above):
910 Louisiana Street Houston TX 77002
Telephone: (731 ) 241 -0621
We hereby certify the above information submitted in this application is true and accurate
to the,§Perof our knowle ge.
Aut rized Signature
Date:

APPENDIX B
Updated Figures

Mou�r F/o //y
Terminus of Pipeline is Motiva Facility
410 Sadler Road
Moores Chapel
Pipeline Initial
CSX F
N
A
00
vl-e��V-
d
r
N
a
0
a
m
m`
U)
w
F-- Approximate Location of the Proposed Ethanol Pipeline
REFERENCE:
Tuokaseegee
GIs DATA LAYERS WERE OBTAINED FROM ESRI. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL
PURPOSES ONLY IT IS NOT MEANT FOR DESIGN, LEGAL, ORANY OTHER USES. THERE ARE NO
0 0,5
1
GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION
MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION.
Mlles
SCALE: 1" = 0.5 miles
FIGURE NO.
SITE VICINITY MAP
DATE: 08.22 2014
*S&ME
ETHANOL PIPELINE PROJECT
A
DRAWN BY:
CJF
WWW.SMEINC.COM
MOTIVA ENTERPRISES, LLC
1
PROJECT NO
OLD MOUNT HOLLY ROAD
4226 -14 -030
ENGINEERING LICENSE NO: F -0176
CHARLOTTE, NORTH CAROLINA
U)
w

VC
_',Pipeline Initiates at Pumping Station on ; •'
'CSX Rail Line Property]
Ar
*A�`; <
Approximate Location of the Proposed Etha=Pip f _ n
6
REFERENCE: E
GIS DATA LAYERS WERE OBTAINED FROM ESRL PLEASE NOTE THIS MAP IS FOR INFORMATIONAL 0 2,000 4,000
PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO -- i
GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION Feet u
MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Copyright:© 2013 National Geographic Society, i -cubed
SCALE: •• = 2,000 USGS TOPOGRAPHIC MAP FIGURE N0.
DATE: 08-22-2014 .,= S &ME
ETHANOL PIPELINE PROJECT
DRAWN BY: CJF MOTIVA ENTERPRISES, LLC
WWW.SMEINC.COM
PROJECT NO: OLD MOUNT HOLLY ROAD
I_ 4226 -14 -030 ENGINEERING LICENSE NO: F -0176 (.HARI nTTF nInRTH cnRnl Inge
4
aE
Term inus'of,Pipeline _
_ i
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_ 4
4
w'
All
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i «
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« «mss . r 1 • .. -
• is w
w y
, :
• ,
:

N
N
Approximate Location of the Proposed Ethanol Pipeline
B
REFERENCE:
GIs DATA LAYERS WERE OBTAINED FROM ESRI. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL 0 65 130 260 390 520
PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, ORANY OTHER USES. THERE ARE NO Feet
GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION
MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Copyrigt:© 2013 National Geographic Society, i -cubed
SCALE: 1 „ = 208'
FIGURE NO.
DATE: 08.22.2014
*S&ME Aerial Crossing Location Detail
ETHANOL PIPELINE PROJECT n /�
DRAWN BY CJF 2A
WWW.SMEINC.COM MOTIVA ENTERPRISES, LLC
°ROJECTNO: OLD MOUNT HOLLY ROAD
4226.14 -030 ENGINEERING LICENSE NO: F -0176 (.HART nTTF Nf1RTP rAPOI IKIA

APPENDIX C
NC DWQ Stream Identification Form
Photographs

NC DWO Stream Identifientin►► Fn►•m Voreinn d I I
Date: _ I
Project/Site: �n }� �' � 17
Latitude: j,s, .23 j0'7
Evaluator: e r-
County:
Longitude: _ 90
Total Points:
Stream is least
etermination (circle one)
Other M'; lz kj,J ►^.'*rL
at intermittent 30' I
it a i 9 or erennia! it z 30'
Ephemera Intermittent Perennial
e.g. Quad Naine:
A. Geomorphology (Subtotal = )
Absent
Weak
Moderate
Strong
1 "' Continuity of channel bed and bank
0
1
�.2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In- channel structure: ex. riffle -pool, step -pool,
ripple-pool sequence
0
-�:
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active /relict Boodplain
No fu
1
2
3
6. Depositional bars or benches
0.5
1
1
3
7. Recent alluvial deposits
0
1
Z
3
8. Headcuts
0
24. Amphibians
1
2
3
9. Grade control
0 )
1.5
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
a
No 0
Yes = 3
••. ••••..•.•• ,..,..�...� �+�., ...., �a.ou, ace ui auUOJWnJ "I Illdlludl
B. Hvrlrnlnnv (Siihtntni = 0 1
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
. X.5)
0
15. Sediment on plants or debris
0
1.6
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No fu
Yes= 3
rous roots in streambed
3
2
1
0
oted upland plants in streambed
3
2
1
0
crobenthos (note diversity and abundance)
r
0
1
2
3
atic Mollusks
1
2
3
h
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
no
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5
Other 0
'perennial streams may also be identified using other methods See
p. 35 of manual.
Notes: u/ / y
i2�,1;
_ ,-.
j
d
Sketch:
7

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M N
O
4
r O
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N
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W
2

APPENDIX D
Signed Preliminary Jurisdictional Determination Form

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:
Squire Elliott w /Motiva Enterprises LLC: 910 Louisiana Street, Houston TX 77002 '
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Wilmington District
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
Portion of Parcel No. 05724302 at 7501 Old Mount Holly Rd & Parcel No. 05721208 Old Mount Holly Rd, Charlotte
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC
County /parish /borough: Mecklenburg
City: Charlotte
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.27677 °N; Long. - 80.93007 °W.
Universal Transverse Mercator: 17
Name of nearest waterbody: Paw Creek
Identify (estimate) amount of waters in the review area:
Non - wetland waters:
830 linear feet: 5 width (ft) and /or 0.09 acres.
Cowardin Class: Riverine
Stream Flow: Weak Base Flow
Wetlands: 0.63 acres.
Cowardin Class: Palustine
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:'
Non - Tidal:

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑✓ Field Determination. Date(s): 3/19/2014
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):
❑✓ Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant:
QData sheets prepared /submitted, by or on behalf of the
applicant/consultant.
Office concurs with data sheets /delineation report.
Office does not concur with data sheets /delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
❑✓ U.S. Geological Survey map(s). Cite scale & quad name: Mountain island Lake, NC
QUSDA Natural Resources Conservation Service Soil Survey.
Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State /Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
QPhotographs: 0 Aerial (Name & Date): Flgure4 3/27/2014 or
❑✓ Other (Name & Date): site Photographs - S &ME 3 -19-2014
❑ Previous determination(s). File no. and date of response letter:
❑✓ Other information (please specify): NC DwQ stream ID Form v 4.11
N

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 right 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.

This preliminary JD finds that there "may be" 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:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
4
0
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

Site Number
latitude
Longitude
Co Class ass
Estimated Amount of
Aquadic Resource In
Review Area
Class Aquatic
Resource
Wetland 1(W1)
35.276304
- 80.92936
Palustrine
0.33 Acre
Non - section 10 -
wetland
Wetland 2 (W2)
35.275894
- 80.930581
Palustrine
0.3 Acre
Non - section 10 -
wetland
Stream 1(S1)
35.275983
- 80.930534
Riverine
710 Linear Feet
Non - section 10 -
non wetland
Stream 2 (S2)
35.276198
- 80.930025
Riverine
120 Linear Feet
Non - section 10 -
non wetland