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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 4.04MB 37.93MB 35.85MB 57.51 MB 33.04MB 20.19MB 2.56MB 2.92MB 112.58MB 1.93MB 21.29MB 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