HomeMy WebLinkAbout20230269 Ver 1_ePCN Application_20230214DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process? *
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
10/3/2022
BIMS # Assigned * Version#*
20230269 1
Is a payment required for this project? *
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Andrew Pitner:andrew.pitner@ncdenr.gov
Information for Initial Review
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
la. Name of project:
COOURTESY COPY Line 1 Section 1 (L1 S1) — Tidewater to Monroe Compressor Abandonment Project
la. Who is the Primary Contact?*
Dave Vena
1b. Primary Contact Email: * lc. Primary Contact Phone: *
dave.vena@duke-energy.com (704)731-4496
Date Submitted
2/14/2023
Nearest Body of Water
The Project area intersects Lake Norman, Clarke Creek, Fuda Creek, Reedy Creek, and Horton
Branch.
Basin
Catawba; Yadkin-PeeDee
Water Classification
The NCDWR classifies Lake Norman as WS-IV, Class B, and CA. All other streams within the Project
area are classified as Class C.
Site Coordinates
Latitude:
35.523488
A. Processing Information
Longitude:
-80.859905
County (or Counties) where the project is located:
Iredell
Mecklenburg
Cabarrus
Stanly
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?"
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lh. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project? *
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Utility line right-of-way. Piedmont Natural Gas
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
4720 Piedmont Row Drive
Address Line 2
City State / Province / Region
Charlotte North Carolina
Postal / Zip Code Country
28210 U.S.
2e. Telephone Number: 2f. Fax Number:
(704)731-4496
2g. Email Address:*
dave.vena@duke-energy.com
4. Agent/Consultant (if applicable)
4a. Name:
Johanna Velasquez
4b. Business Name:
HDR Engineering, Inc. of the Carolinas
4c. Address
Street Address
440 South Church Street
Address Line 2
Suite 1200
City State / Province / Region
Charlotte North Carolina
Postal / Zip Code Country
28202 U.S.
4d. Telephone Number: 4e. Fax Number:
(980)337-5012
4f. Email Address:*
Johanna.velasquez@hdrinc.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
Of appropriate)
lc. Nearest municipality / town:
Davidson, NC
2. Project Identification
2a. Property Identification Number:
N/A — utility line right-of-way (natural gas)
2b. Property size:
168
2c. Project Address
Street Address
N/A. Project is located within a utility gas line right-of-way that extends in a southeasterly direction between the Tidewater Delivery Station in Iredell County and the Monroe Compressor
Station in Stanly County (Figure 1).
Address Line 2
City
State / Province / Region
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
The Project area intersects Lake Norman, Clarke Creek, Fuda Creek, Reedy Creek, and Horton
Branch.
3b. Water Resources Classification of nearest receiving water: *
The NCDWR classifies Lake Norman as WS-IV, Class B, and CA. All other streams within the Project
area are classified as Class C.
3c. What river basin(s) is your project located in?*
Catawba
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050307, 030401050302, 030401050106, 030401050102, 030401050301, 030401050301,
030401050101, and 030501011203.
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The Project area is a maintained natural gas right-of-way that extends through agricultural, residential, commercial, industrial, open, and forested lands. Topography in the site vicinity
consists of moderate to steep rolling hills typical of the region. 43 streams, 29 wetlands and 2 open waters have been identified within the Project area. Land use in the vicinity of the
Project consists of maintained right-of-ways, agricultural fields, developed commercial, industrial, and residential land, as well as undeveloped forested lands (Figure 2).
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
10.33
4g. List the total estimated linear feet of all existing streams on the property:
4,050
4h. Explain the purpose of the proposed project: *
The L1S1 Tidewater to Monroe Compressor Abandonment Project proposes to retire a 30-mile, 16-inch diameter natural gas line within a maintained utility right-of-way that extends
through Iredell, Mecklenburg, Cabarrus, and Stanly counties, North Carolina. The existing gas pipeline is being abandoned to address system integrity and capacity concerns.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The abandonment of the 16-inch diameter gas line will start at the Tidewater Delivery Station in Iredell County and extend for 30 miles to its terminus at the Monroe Compressor Station in
Stanly County.
The abandonment activities require access and excavation work along the pipeline to be conducted at approximately 1,000-foot intervals (cut-outs). 180 cut-out locations are proposed and
consist of entry and exit excavations that are approximately 20 feet long by 15 feet wide within larger designated cut-out work areas (land disturbance area at each cut-out is approximately
150 feet long by 50 feet wide). Abandonment activities consist of cutting and sealing the 16-inch diameter gas pipeline. Only minimal and temporary impacts are anticipated. Specifically,
temporary bridges will be used for stream crossings throughout the project avoiding any permanent or temporary impacts to streams. Impacts to wetland have also been avoided to the
maximum extent possible by implementing project access through existing roads and open upland areas. The Project design has incorporated 37 access roads to the right-of-way to avoid
and minimize impacts to surface waters (Appendix A).
Temporary wetland impacts are being proposed for access to cut-outs 142, 158, and 174 where commercially made composite wetland matting will used to facilitate access through
herbaceous wetlands (Wetlands19, 23, and 36) during construction. No permanent wetland impacts are proposed. The matting will be inspected weekly and within 24 hours after each
runoff event that produces inch or more precipitation. Matting will be removed immediately after construction is finalized and disturbed areas will be stabilized and returned to pre -
construction conditions.
The northern portion of the Project is in the Catawba-Wateree River Basin; however, there are no permanent impacts to vicinity surface water features or floodplains within the proposed
limits of disturbance. Minor access improvement, including the clearing of trees will take place within the proposed limits of disturbance.
Current use of the right-of-way is natural gas distribution, and the project will not change the existing land use.
Due to the nature of abandonment work and minimal earthwork, proposed erosion and sediment control measures for this project include construction entrances, perimeter silt fencing at
cut-out areas, J-hooks, compost filter socks, temporary matting, silt fence outlets, and concrete wash outs within the existing right-of-way. Additional information regarding erosion control
measures proposed for the Project are described under the Avoidance and Minimization section.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
No Unknown
Comments:
HDR biologists surveyed the Study Area during the fall of 2021, for wetlands and jurisdictional waters
of the U.S. regulated under Section 404 and 401 of the Clean Water Act (CWA). On -site
reconnaissance activities identified 43 jurisdictional streams, 29 jurisdictional wetlands, and 2 open
waters (Figure 5).
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
Johanna Velasquez
HDR Engineering, Inc. of the Carolinas
6a. Is this a phased project? *
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
(?)
2g. Impact
area*
W1
Construction access-
matting
T
Non -Tidal Freshwater Marsh
Wetland 19
No
Both
0.002
(acres)
W2
Construction access-
matting
T
Non -Tidal Freshwater Marsh
Wetland 23
No
Both
0.001
(acres)
W3
Construction access-
matting
T
Non -Tidal Freshwater Marsh
Wetland 26
No
Both
0.020
(acres)
2g. Total Temporary Wetland Impact
0.023
2g. Total Wetland Impact
0.023
2i. Comments:
Temporary matting will be place on 0.023 ac of Wetlands 19, 23, and 26.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.000
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed Project has been designed to avoid and minimize impacts to jurisdictional surface waters. A field survey delineation was conducted during
the fall of 2021, with a subsequent survey in August 2022. The field investigations aided the Project's design to avoid and minimize impacts to
jurisdictional surface waters. The delineation identified 44 streams, 29 wetlands, and 2 open water ponds within the Project.
A low impact design has been integrated for which focuses on avoidance of permanent impacts. Specifically, all permanent and temporary impacts to
streams have been avoided. The Project proposes to use temporary bridges for all streams crossings. In addition, the Project is avoiding permanent
impacts to wetlands, and only proposing temporary impacts to 0.023 acres of and herbaceous wetlands (Wetlands 19, 23, and 26). Limits of disturbance
have also been reduced throughout the Project from an original footprint of 342 acres to 168 acres.
Furthermore, to maximize avoidance and minimization efforts within the limits of disturbance, the Project is utilizing existing travel ways and open upland
areas for access. Construction laydown areas have also been selected by identifying existing open spaces within uplands. These measures minimize
ground disturbance, avoid excessive cutting and filling of both surface waters and uplands. The Erosion and Sediment Control Plan has been designed
to control pollution and protect water quality during all stages of construction. The Project will not result in a change to the physical, chemical, biological,
or radiological integrity of downstream waters.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction equipment access has been sited to avoid new stream crossings and make use of existing culverts. Erosion control matting is being used
in areas upgradient of streams in the flood zone. Temporary construction access, span bridges, and composite matting will be removed within an
appropriate time, preexisting contours will be reestablished, and the area will be stabilized immediately upon completion of construction.
Stabilization of right-of-way access routes and, disturbed areas will occur at the end of each workday. Temporary access will be seeded with permanent
vegetation following completion of construction to avoid erosion and sediment deposition into downstream waters.
Prior to any site disturbance, erosion and sediment control devices will be installed. Clearing and grubbing will take place in areas for access only. There
will be no change in impervious surface area from pre -to post -development conditions. Pre-existing contours will be restored, and disturbed areas will be
stabilized at the end of each workday.
To prevent erosion and sediment runoff during rainfalls and activity during construction, erosion and sediment control measures (i.e., composite filter
socks and silt fences) will be installed and inspected routinely or after rainfall exceeding 1/5" to verify that they are functioning properly.
Temporary construction access points have been designed to make use of existing travel ways, minimize ground disturbance, and avoid excessive
cutting and filling of uplands. Access on grades exceeding 20 % , on poorly drained soils, or on potential problem areas may be surfaced with gravel or
aggregate base course for same -day stabilization.
Graveled temporary construction entrances will be provided at each location where construction traffic will exit the site onto public roads, other off -site
paved areas, or were indicated on the Erosion and Sediment Control Plan. The surface of the graveled entrance will be periodically top -dressed as
needed to prevent off -site mud and sediment transport.
Stabilization will occur sequentially as construction proceeds along the transmission line corridor. In general, the project will be constructed in three
phases:
1) Installation of erosion controls, clearing vegetation of the existing right -of way, improvement of existing access roads, and same -day stabilization.
2) Construction at cut-out locations.
3) Removal of erosion control measures after site stabilization.
Construction activities will be limited to within Piedmont Natural Gas's existing maintained right-of-way.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
The Project is located within a maintained right-of-way. The prior use of the site is gas transmission, and the Project will not change the existing land use
or result in additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? *
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) and NC Natural Heritage Database (Appendix B).
HDR utilized the USFWS IPaC database and the NCNHP Data Explorer database to evaluate the potential occurrence of federally protected species
within the Study Area and conducted a field survey as part of the investigation.
The on -site field reconnaissance activities conducted during the months of October, November, December 2021, and August 2022 revealed potential
habitat for the northern long-eared bat (NLEB), monarch butterfly, Michaux's sumac, Schweinitz's sunflower, and smooth coneflower in the Study Area;
however, no individuals were identified. An onsite survey is recommended within the proposed limits of disturbance for Michaux's sumac, Schweinitz's
sunflower, and smooth coneflower during their optimal survey window. Forested areas adjacent to existing maintained rights -of -way may serve as
potential habitat for the NLEB.
Potential habitat was also identified for the monarch butterfly within the Study Area for migrating and breeding adults. The maintained right-of-way offers
a variety of flowing plants for nectar and may include plants from the milkweed genus (Asclepias spp.); however, plants from this genus were not
documented as the right-of-way was recently mowed at the time of the survey. Trees are present in the forested areas adjacent to the Study Area which
may offer nighttime roosting habitat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
https://www.habitat.noaa.gov/apps/efhmapper/?page=page_8
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 status? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
National Park Service NRHP GIS Public Data Service and the North Carolina State Historic Preservation Office (NCSHPO) HPOWEB GIS Web Service
were used to determine potential impacts to historic or archeological resources.
HDR, on behalf of Piedmont Natural Gas reviewed the National Park Service National Register of Historic Places GIS Public Dataset and the NCSHPO
Historic Preservation Office HPOWEB GIS Web Service for known cultural resources, historic structures, or historic districts that may be located in the
Study Area or within a 'A -mile radius of the Study Area. Additionally, HDR requested archaeological resources data for a %-mile radius around the Study
Area from the North Carolina Office of State Archaeology.
According to this review, two historic resources are located within or immediately adjacent to the Project's Study Area. 1- A House. 2-story side gable
German plan I -house with hip roof front porch was identified immediately outside the Study Area in Iredell County. 2 - The Jesse and Mary K. Washam
Farm, a historic architectural resource intersects the Study Area. The Jesse and Mary K. Washam Farm is a 56.3-acre property located along the
northern portion of the project corridor. The twentieth century property is comprised of a farmhouse and a collection of early twentieth century
outbuildings. Both resources have been determined eligible for listing in the NRHP under Section 106 of the National Historic Preservation Act of 1966.
Impacts to cultural resources are not anticipated as a result of the Project as limits of construction are not located near the architectural resource and are
limited to the existing right-of-way and existing access road (Figures 6, 6a, and 6b).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
Proposed project activities within the FEMA regulated floodplains are temporary in nature and will not cause a rise in existing regulated floodplain
elevations.
8c. What source(s) did you use to make the floodplain determination?*
Federal Emergency Management Agency (FEMA) Map Service Center National Flood Hazard Layer (https://msc.fema.gov/portal/home)
Miscellaneous 8
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
2.1_Tidewater_ProjVic.pdf
2.2_Tid ewater_Aerial_Red uced. pdf
2.3_Tid ewater_Topo. pdf
2.4_Tidewater_Soils.pdf
2.5_Tid ewater_W O US. pdf
2.6_Tidewater_Cultural.pdf
2.6A_Tidewater_Cu ltu ra I.pdf
2.6 B_Tidewater_Cu ltu ra I. pdf
Appendix_A_2022-11-22_L1 S1 _I FB_RevB_for_PCN_reduced.pdf
Appendix_B_IPaC_NCN H P.pdf
Tidewater_Photopage_PCN.pdf
File must be PDF or KMZ
Comments
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Signature O
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Johanna Velasquez
Signature
Date
2/14/2023