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HomeMy WebLinkAbout20230926 Ver 1_NCDEQ 401 submittal CPC Line 22 Exposure UT Haw River Chatham Co. NC_20230627corblu ECOLOGY GROUP June 27, 2023 NC DWR, 401 & Buffer Permitting Branch 512 North Salisbury Street Raleigh, NC 27604 Subject: Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company Maintenance Chatham County, North Carolina Corblu Project No. 02-041901-122 Line 22 Exposure To whom it may concern: On behalf of our client, Colonial Pipeline Company (CPC), Corblu Ecology Group, LLC (Corblu) is pleased to submit this Section 401 water quality Pre -Construction Notification (PCN) for preventative maintenance on their Line 22. Specifically, an exposure on CPC's Line 22 has been detected which requires restoration within an unnamed perennial tributary to the Haw River, within CPC's right-of-way (ROW). The pipeline exposure is located within CPC's existing ROW southwest of the River Forest Road and River View Drive intersection in Chatham County, North Carolina (35.79252553,-79.17271009; Figure 1). Based on our evaluation of the subject site, we believe that the temporary and permanent disturbances to waters of the U.S. associated with this maintenance activity are authorized by the U.S. Army Corps of Engineers (USACE) under Nationwide Permit (NWP) No. 3 (a) and (c) — Maintenance. Based on the vicinity of the maintenance location to the Haw River [i.e., potential suitable habitat for the Cape Fear Shiner (Notropis mekistocholas)] the required pipeline maintenance requires notification to the USACE prior to initiation of the project. Further, it has been determined that written approval is required from the North Carolina Department of Environmental Quality (DEQ) for Section 401 Water Quality Certification prior to the initiation of work. Background Corblu inspected the above referenced pipeline exposure location for the presence of jurisdictional waters of the U.S. on March 29, 2023. Specifically, Corblu surveyed the above maintenance location in accordance Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 22 Exposure June 27, 2023 Corblu Project No. 02-041901-122 — Chatham Co. NC with the 1987 Corps of Engineers Wetlands Delineation Manual', and the appropriate U.S. Army Corps of Engineers (USACE) Regional Supplement2. Streams were assessed using the North Carolina Division of Water Quality (NCDWQ) Identification Methods for the Origins of Intermittent and Perennial streams3 (Appendix A). Jurisdictional features (an unnamed perennial tributary to the Haw River) (Photograph Nos. 1 and 2; Figure 2). Additionally, a non -jurisdictional isolated emergent wetland (i.e., surrounded by uplands with no surface connectivity) was observed southeast of the maintenance location that must be temporarily crossed for site access (Photograph No. 3; Figure 2). The determination of the wetland feature as non - jurisdictional are consistent with the U.S. Supreme Court of the United States decision of May 25, 2023. Due to recent high flow events bed/bank erosion has occurred within the unnamed perennial tributary resulting in the displacement of protective cover (i.e., stream substrate) within CPC's ROW resulting in the exposure of Line 22. The lack of sufficient pipeline protection at the maintenance location has resulted in conditions where the pipeline is currently vulnerable to potential damage. Further, these conditions are not consistent with CPC's or the U.S. Department of Transportation's (USDOT) regulatory requirements for pipeline protection. CPC is committed to operating their pipelines and support facilities in a manner that protects the safety of the public, the environment, and its workforce. The proposed preventative pipeline maintenance is a component of CPC's ongoing Integrity Management Program (IMP) as required by the USDOT requirements [49 CFR Part 195 — "Pipeline Safety: Pipeline Integrity in High Consequence Areas (Hazardous Liquid Operators with 500 or More Miles of Pipeline); Final Rule"]. The IMP provides an important means of achieving spill -free, error -free operations. The purpose of the IMP is to improve/maintain the integrity of CPC's system — including CPC's pipelines, facilities, equipment, tanks, and delivery lines. CPC's IMP and the referenced USDOT regulations include prescriptive requirements for inspection of pipeline systems and requires excavation and repair of certain pipeline defects according to specific schedules and regulatory guidelines. It should be noted that USDOT has completed an Environmental Assessment (EA) under the National Environmental Policy Act (NEPA) concerning repairs that an operator would have to make to its pipeline following an integrity assessment. The EA and corresponding Finding of No Significant Impact concluded that these actions would not significantly affect the quality of the human environment (Docket No. RSPA-00-6355). ' Environmental Laboratory. Corps of Engineers Wetlands Delineation Manual. U.S. Army Corps of Engineers, Washington, D.C. 100 pp. plus appendices. 1987. 2 U.S. Army Corps of Engineers. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0, ed. J.F. Berkowitz, J.S. Wakeley, R.W. Lichvar, C.V. Noble. ERDC/EL TR-12-9. Vicksburg, MS: U.S. Army Engineer Research and Development Center. 3 North Carolina Division of Water Quality. 2010. NC DWQ Stream Identification Form Version 4.11. North Carolina Division of Water Quality. 2 Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 22 Exposure June 27, 2023 Corblu Project No. 02-041901-122 — Chatham Co. NC In accordance with 49 CFR § 195.401 and CPC's IMP, CPC must take prompt action to address anomalous conditions, to include pipeline exposures and shallow cover areas that are discovered through the integrity assessment process. CPC must, in maintaining its pipeline systems, ensure that repairs are made in a safe and timely manner and are conducted to prevent damage to persons, property, and the environment. Additionally, CPC's IMP follows USDOT's requirements with respect to addressing possible unsafe conditions; specifically, the USDOT - Pipeline and Hazardous Materials Safety Administration's (PHMSA) Interpretation Response No. PI-84-0103 which explains with respect to the regulatory provisions of 49 CFR Part 192, Subpart M and Part 195, Subpart F, whenever an operator discovers any condition that could adversely affect the safe operation of its pipeline system, the operator must correct the condition within a reasonable time. Proposed Activities in Jurisdictional Waters The maintenance location will be accessed from River View Road via a gravel path onto CPC's existing, mowed, and maintained ROW (Figure 3). Prefabricated mats will be used to temporarily cross the isolated emergent wetland area to access the maintenance location (Appendix B). CPC intends to inspect Line 22 and replace the required minimal protective cover over the pipeline using Submar pre -cast revetment mats and rip rap to remediate the streambed/bank erosion. To re-establish the minimal pipeline protective cover, CPC intends to conduct the following: 1) excavate the eroded area on Line 22; 2) inspect and make repairs to Line 22 as necessary; 3) backfill the excavation area; and 4) restore the streambed to approximate pre - erosion contours and elevations over Line 22 using Submar mats. These pre -cast mats and rip rap will be keyed/imbedded into the stream bed and banks in a manner that maintains grade and normal stream flow conditions (Appendix C). To minimize sedimentation to the unnamed perennial tributary during the above -mentioned maintenance activity, dams constructed of sandbags, steel plates, or water -inflatable plastic dams will be temporarily placed upstream of the maintenance area to conduct maintenance activities "in -the -dry". The stream flow will be pumped around the maintenance area, discharging immediately downstream via an energy dissipater to prevent stream scour. The pump(s) used will be sufficiently sized to accommodate the anticipated stream flow (Appendix D). All excavated soils will be temporarily stored in the adjacent upland area surrounded by silt fence within the CPC ROW. Rip rap will be used above and below the mat system within the streambed for additional stabilization. The rip rap will be placed on erosion control blanket (geotextile fabric) in a manner where the finished top elevation of the rip rap does not exceed that of the original stream bed elevation. Once the required protective pipeline cover (pre -cast revetment mats) is keyed into the streambed in a manner that maintains existing ,C] Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 22 Exposure June 27, 2023 Corblu Project No. 02-041901-122 — Chatham Co. NC grade and flow conditions of the stream, the temporary dams will be removed, and normal streamflow will be restored. The proposed maintenance activity will require unavoidable permanent and temporary impacts to the unnamed perennial tributary. Permanent impacts include approximately 80 linear feet (LF; 0.006-acre) (60 LF of Submar mats and 20 LF of rip rap). Temporary impacts include approximately 60 LF [30 LF (0.0014- acre) upstream; and 2) 30 LF (0.0017-acre) downstream] of the unnamed perennial tributary for temporary workspace/grading associated with providing the required protective cover over Line 22. CPC's standard erosion control practices will be employed (Appendix E). Specifically, the disturbed areas along the stream bank will be reseeded with a native seed mix and strawed. No monofilament erosion control matting will be used. Corblu respectfully requests 401 Water Quality Certification for the required preventative maintenance work and the unavoidable permanent impacts of 80 LF (0.006-acre; Submar mats/rip rap)] within the unnamed perennial tributary. As mentioned above, temporary impacts include approximately 60 LF (0.0031-acre) for workspace/grading within CPC's existing, mowed, and maintained ROW (Appendix C). 401 and Buffer Permitting PCN Submittal Checklist We have provided the following information to document compliance with the requirements outlined in the PCN Submittal Checklist (Appendix F). Each item is discussed below. Application Fee A $240.00 payment for a 401 Water Quality Certification with minor impacts will be made electronically once the project has been assigned a project number. Pre -filing meeting request A prefiling meeting request was submitted to 401 PreFile@ncdenr.gov on April 11, 2023. A copy of the email request is attached to the USACE Wilmington District PCN Form. PCN Application A complete copy of the USACE Wilmington District PCN Form and supporting documentation which includes an IPaC Official Species List have been included with this submittal (Appendix G). Stormwater Management Plan Not Applicable - This is a maintenance activity for an existing petroleum pipeline and does not involve the construction of any roads or structures. If your project is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form: Three (3) copies of the details for on -site diffuse flow provisions. EI Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 22 Exposure June 27, 2023 Corblu Project No. 02-041901-122 — Chatham Co. NC The proposed required maintenance activity is located within the Cape Fear River Basin which is not a Riparian Buffer Rule Area. DWR Stream Determination Forms for streams on property and DWR determination letter for wetlands or streams (if applicable) A North Carolina DWQ Stream Identification Form has been included (Appendix A) Maps and Plans • The most recent version of the 1:24,000 USGS Topographic Map: See Figure 1. • The most recent version of the bound and published County NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar -Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects): See Figures 4A and 4B. Vicinity map: See Figure 3. • The Site Plan: See Appendix C. • Pre-construction/Pre-existing conditions: See Appendix C. • Proposed conditions: See Appendix C. • Drainage Plans: Not Applicable. Proposed Impacts: See Appendix C. Wetland Impacts: See Appendix C. Stream Impacts: See Appendix C. 5 Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 22 Exposure June 27, 2023 Corblu Project No. 02-041901-122 — Chatham Co. NC Summary and Conclusion In summary, the pipeline maintenance activity will result in permanent impacts to the unnamed perennial tributary. Permanent impacts include approximately 80 linear feet (LF; 0.006-acre) (60 LF of Submar mats and 20 LF of rip rap). Temporary impacts include approximately 60 LF [30 LF (0.0014-acre) upstream; and 2) 30 LF (0.0017-acre) downstream] of the unnamed perennial tributary for temporary workspace/grading associated with providing the required protective cover over Line 22. The project was designed to avoid and minimize stream impacts to the maximum extent practicable and represents the least environmentally damaging, practicable alternative that satisfies the project purpose for preventative pipeline maintenance and protection as required by USDOT, PHSMA and CPC's IMP. Based on this submittal, we respectfully request written authorization of Section 401 Water Quality Certification. If you have any questions or comments regarding this PCN submittal, please contact the undersigned at (770) 591-9990. Sincerely, CORBLU ECOLOGY GROUP, LLC Michael A. Barfield, CWB, CE Richard W. Whiteside, PhD, CWB, CSE Senior Ecologist President Enclosures: Figure 1 — Site Location Map Figure 2 — Jurisdictional Features and Photograph Locations Figure 3 — Vicinity Map Figure 4A — USDA NRCS Soils Map Figure 4B — USDA Soils Map Photographs (3) Appendix A: NCDWQ Stream Forms Version 4.11 Appendix B: Typical Prefabricated Mat Wetland Crossing Appendix C: Submar Design Plans Appendix D: Typical Dam and Pump Maintenance Dig Appendix E: CPC Soil Erosion and Sediment Control Plan Appendix F: 401 & Buffer Permitting PCN Submittal Checklist Appendix G: USACE Wilmington District PCN Form c: Ms. Jennifer Price, CPC Project Manager, via email Mr. John Wyatt, CPC Environmental Lead-SED, via email Mr. David Reedy, CPC Environmental Specialist, via email C. �►' ,i J ' r• '� s S'� 4' A. •` _ `.� J �� � ♦' �i�;six f7t Y •� '• r River Forest Road si6� - _ {ref:_ u ❑ River View Drive IN ''•��; V '�-_- Line 22 Exposure -. 35.79252553,-79.17271009 Legend Line 22 Exposure Location - _ — CPC Pipeline Interstate _ — US Route NC Route � Secondary Route Ramps ' .: _ `-• 13 Rest Areas �f !~r~ �• - /- cem Other State Agency Route r . Base Map Source: USA Topo Maps 1:24,000 0 1,000 2,000 4,000 Feet Colonial Pipeline Company, SE Figure 1 Line 22 Exposure c o b l U Site Location Map Chatham County, North Carolina l ECOLOGY GROUP, Project No. 02-041901-122 Jw- 1 Unnamed Perennial Tributary # i '' ' to the Haw River ' approximately 80 LF within - R the CPC ROW Access via gravel path ' Y from River View Road Photograph No. 1 s ��� 41! '• f Line 22 Exposure .��� '•�_ `�� � 35.79252553,-79.17271009 A. JR � r Photograph No. 3 Photograph No 2 a r : # '* k . • �, E *x Isolated Emergent Wetland a i _ 4 (no surface connection � ' concave surface ) y -� I f it ;�: 7 `T• k kr �r Legend Line 22 Exposure Location CPC Pipeline r#, CPC Approximate ROW r Project Area rOL Site Access 0 Photograph Locations Unnamed Perennial Stream fi .- •_ Emergent Wetland Base Map Source: ESRI Imagery GPS Data Collected: 3/29/2023 0 125 250 500 Feet 1 -2,500 Colonial Pipeline Company, SE Figure 2 Line 22 Exposure blu Jurisdictional Features and co Photograph Map Chatham County, North Carolina ECOLOGY GROUP, Project No. 02-041901-122 10 17 .� ` Line 22 Exposure 35.79252553,-79.17271009 ` g • r f . Access via gravel path r' . ',; ' • from River View Road ;.. 4 r Temporary Pre -fabricated mats ` ' to cross the Isolated Emergent Wetland and gain site access r� Legend Line 22 Exposure Location CPC Pipeline . f ,re CPC Approximate ROW _{ : ! ' +. ,: Project Area ,,. , 1, �. Site Access • Photograph Locations -`r' - - Unnamed Perennial Stream w Emergent Wetland Base Map Source: ESRI Imagery GPS Data Collected: 3/29/2023 0 1 -2,500 125 250 500 Feet Colonial Pipeline Company, SE I Figure 3 Line 22 Exposure co blu Vicinity Map Chatham County, North Carolina l ECOLOGY GROUP, Project No. 02-041901-122 `D wr*z N NtG P�9 ORD p� }� # w wm w w.o wle sic * waa we 602 fts tH ►� Pid Rye w!E 4C! HrG N1F , atg Ha .IMP Nig •10 N13 MhE aha kVVC •b w� "� �`D � � Line 22 Exposure wao �aa 35.79252553,-79.17271009 SIC PrB MhG W" Big via Lo ow �m Nye 4C } Mi9 we iaC C 64 NRA E� N� NrE 4 ` Fie d � OLE N wtiC P�9' sic� - BID RUE #C � 40 NLD OW �y aLE ONE RY,� OkE ii0 «a R* # W. CD •� oma ttPRE *` E rr � � r•ar N0 •ME Nig OaG • Mi �hE sc N� CH GO •� NIB Legend Line 22 Exposure Location ba ex Nag fl CPC Pipeline - -- r^ Base Map Source: ESRI Aerial Imagery Soils Data: Natural Resources Conservation Service (NRCS), NCDOT Project ATLAS SWEEP group 0 1,200 2,400 4,800 Feet 1:24,000 Colonial Pipeline Company, SE I Figure 4A Line 22 Exposure co blu USDA NRCS Soils Map Chatham County, North Carolina ECOLOGY GROUP' Project No. 02-041901-122 N Yf' : Line 22 Exposure C �,, 35.79252553,-79.17271009 6 e Ki.qn now . /�F r'.. Jar f _ h. �' ,BaE , J ] R' �t4 k , . NaD • + - � + -3 . } - �„ f Tom,. 1 • : ' r ! tk - r ,i Legend f� '+ Line 22 Exposure Location v i. +•� r.� �y CPC Pipeline Project Area Sods BaE - Badin-Nanford complex GaB - Georgeville silt loam NaD - Nanford-Badin complex f "' i ' ' ' • PsB - Pittsboro-Iredell complex Base Map Source: ESRI Aerial Imagery 0 100 200 400 Feet Soils Data: USDA NRCS Web Soil Survey Download 6/16/2023 1 -2,500 Colonial Pipeline Company, SE I Figure 4B Line 22 Exposure co blu USDA Soils Map Chatham County, North Carolina ECOLOGY GROUP, Project No. 02-041901-122 Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 22 Exposure Photographs taken on 3/29/2023 Corblu Project No. 02-041901-122- Chatham Co. NC �T4 Photograph No. 1: South facing downstream view of the Line 22 Exposure maintenance location and unnamed perennial tributary within CPC's ROW. Section 401 Water Quality Pre -Construction Notification Photographs taken on 3/29/2023 Colonial Pipeline Company — Line 22 Exposure Corblu Project No. 02-041901-122- Chatham Co. NC APPENDIX A NCDWQ STREAM FORM VERSION 4.11 NC DWO Stream Identification Form Version 4.11 Date:3/29/23 Project/Site: Line 22 Exp Latitude: 35.792525 Evaluator: Michael Barfield county: Chatham Longitude: _79 17271 O Total Points: Stream Determination (circle one) Other Stream is at least intermittent 0 ■ 5 30.5 if> 19 or Perennial if>_ 30" Ephemeral Intermittent Perennial e.g. Quad Name: A. Geomorphology (Subtotal = 13 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 _ 2. Sinuosity of channel along thalweg 0 X 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 X 3 4. Particle size of stream substrate 0 1 X 3 5. Active/relict floodplain X 1 2 3 6. Depositional bars or benches 0 X 2 3 7. Recent alluvial deposits 0 X 2 3 8. Headcuts 0 X 2 3 9. Grade control 0 X 1 1.5 10. Natural valley 0 0.5 1 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 X 2 3 14. Leaf litter 'i.5 '0 1 0.5 0 15. Sediment on plants or debris 1 1.5 16. Organic debris lines or piles 0 l 1 1.5 17. Soil -based evidence of high water table? No = 0 YeX 3 C. Biology (Subtotal = 18. Fibrous roots in streambed X 2 1 0 19. Rooted upland plants in streambed X 2 1 0 20. Macrobenthos (note diversity and abundance) 0 X 2 3 21. Aquatic Mollusks X 1 2 3 22. Fish 0 1 1.5 23. Crayfish 0 1 1.5 24. Amphibians 0 0.5 1.5 25. Algae j` 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Oi?ier = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: /e1»ALlIQPli--3 I VA :j lefil 0 :j V A lil --1 V 191A I A 91 Lvi FA STA AIWi1LlIeZel:ZORNILl10 1 v 1 t o ,-) o v o • ,alu •:::__ • ?~_Ut.:::_�_ -: •',a�rr_. •::: �:= • •'•�lcr :: __i'•• •emu_ •:::__ • ?�,Ut.:: _•: .:••:::•_:'alr •.:_:::• is ••1�fl�•`::1:1:•�-"alr .:_:::• i�•13�.f1��`�1:•l_�-"� •.:_.:``:11:,,• 51f... ...: • ..1... 51f... .. .: • 51f... .4 .. .• .35.1�f �• 41f--..1.. 51f--..1.. .. •.......... .:. .. ....... .:�:�. r:� • SA2€::.•__ •51f .:�:�. •.::. S1f .::. ... 51f :_•__ .::. ... 51f •: `'�lftA... y1J::klfl ; } q y O 1 Colonial Pipeline Company Typical Wetland Crossing 1 1 1 50' PERMANENT ROW 1 1 1 w w 1 z z w J 1 W a a 1 a a 1 1 1 1 1 1 1 1 1 1 WETL ND BOUNDARY 1 -:_.......... 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A m m HAW RIVER LINE 22 1 NO CHANGE THIS SHEET 12 � m -< CHATHAM COUNTY �� SIT Z T -, NORTH CAROLINA O O D n -q 1711 DUNN STREET � D HOUMA, LA 70360 COLONIAL PIPELINE COMPANY W DATE: D4/21/2023 DWN: PCW PH. 985-868-0001 PROJECT No: 18428 CH K: JMF WEBSITE: WWW.S UBMAR.COM /e1»ALlIQ1:1C I VA :1 191A 0ITA►viI_1LlI9101►viIaLviFAILlkIALl/_1LlMAQw PUMP SUMP W/INTAKE HOSE FILTER/SCREEN OR SUBMERSIBLE PUMP - WATERBODY - SPOIL CONTAINMENT BERM (SILT FENCE, HAY BALES OR OTHER APPLICABLE MATERIALS) II I I I III I ICI_ � All SPOIL II II - ;III III I I I I ,II II FILTER BAG V/ TROW ENGINEERING CONSULTANTS INC. T 1300 MEOi0P0uiPN BLYO., SOIM 200 rHLN1ASSEE, R., OSP 323M Trout PHONE: (850) 385_5441 REVISION DATE GALE DATE DRAWN APPROVED NTS 01-29-2004 RETAIN A MIN. 25' VEGETATIVE BUFFER TO THE EXTENT POSSIBLE ENERGY DISSIPATOR/ SCOUR PROTECTION 1.7\IT, I FLOW MAINTAIN A MINIMUM 25' I VEGETATIVE BUFFER TO THE EXTENT POSSIBLE FOR STREAM EQUIPMENT CROSSINGS, SEE NOTE 14 SEE SHEET 2 FOR NOTES COLONIAL PIPELINE COMPANY ATUWA, GEORGIA TYPICAL DAM AND PUMP MAINTENANCE DIG AT WATERBODY LESS THAN 15' TROW PROJ. NO.1 DRAWING SHEET THESOO5O362 COL-0003 1 OF 2 DAM AND PUMP CROSSING THE FOLLOWING IS A SEQUENCE OF CONSTRUCTION AND MITIGATION MEASURES TO BE FOLLOWED AT ALL "DAM AND PUMP" TYPE CROSSINGS. SEQUENCE OF ACTIVITIES STEP 1. IMPLEMENT THE TEMPORARY EROSION AND SEDIMENT CONTROLS. STEP 2. INSTALL DRY STREAM CROSSING MATERIALS. STEP 3. EXCAVATE TRENCH AND INSPECT OR REPLACE PIPE. STEP 4. BACKFILL AND RESTORE STREAM BANKS. STEP 5. REMOVE DAMS. STEP 6. IMPLEMENT PERMANENT EROSION AND SEDIMENTATION CONTROLS. I:[ill)1:4 I • SCHEDULE INSTREAM ACTIVITY FOR LOW FLOW PERIODS AND FOR THE APPROPRIATE TIMING WINDOW. 2. MARK OUT AND MAINTAIN LIMITS OF AUTHORIZED WORK AREAS WITH FENCING OR FLAGGING TAPE TO AVOID UNNECESSARY DISTURBANCE OF VEGETATION. ENSURE EQUIPMENT OPERATORS WORKING ON THE CROSSING HAVE BEEN BRIEFED ABOUT THIS PLAN AND THE MEASURES NEEDED TO PROTECT WATER QUALITY. INSTALL PRE —WORK SEDIMENT CONTROL MEASURES AS SPECIFIED IN THE PLAN. ALL NECESSARY EQUIPMENT AND MATERIALS TO BUILD THE DAMS AND TO PUMP WATER MUST BE ON SITE OR READILY AVAILABLE PRIOR TO COMMENCING IN —WATER CONSTRUCTION. 3. CONTRACTOR SHALL SUPPLY, INSTALL AND MAINTAIN SEDIMENT CONTROL STRUCTURES, AS DEPICTED AND ALONG DOWN GRADIENT SIDES OF WORK AREAS AND STAGING AREAS SUCH THAT NO HEAVILY SILT LADEN WATER ENTERS WATERBODY. a. NO HEAVILY SILT LADEN WATER SHALL BE DISCHARGED DIRECTLY OR INDIRECTLY INTO THE WATERBODY. b. EROSION AND SEDIMENT CONTROL STRUCTURE LOCATIONS AS DEPICTED ARE APPROXIMATE AND MAY BE ADJUSTED AS DIRECTED BY THE COMPANY INSPECTOR TO ACTUAL SITE CONDITIONS. c. SILT FENCE OR HAY BALE INSTALLATIONS SHALL INCLUDE REMOVABLE SECTIONS TO FACILITATE ACCESS DURING CONSTRUCTION. UTILIZE HAY BALE BARRIERS ONLY IN LIEU OF A SILT FENCE WHERE FREQUENT ACCESS IS REQUIRED. d. SEDIMENT LADEN WATER FROM TRENCH DEWATERING SHALL BE DISCHARGED TO A WELL VEGETATED UPLAND AREA, INTO A HAY BALE DEWATERING STRUCTURE OR GEOTEXTILE FILTER BAG. e. SEDIMENT CONTROL STRUCTURES MUST BE IN PLACE AT ALL TIMES ACROSS THE DISTURBED PORTIONS OF THE RIGHT—OF—WAY EXCEPT DURING EXCAVATION/INSTALLATION OF THE CROSSING PIPE. 4, TO THE EXTENT POSSIBLE, MAINTAIN A MINIMUM 25 FEET VEGETATIVE BUFFER STRIP BETWEEN DISTURBED AREAS AND THE WATERBODY. INSTALL AND MAINTAIN A SILT FENCE UPSLOPE OF THE BUFFER STRIP ON EACH SIDE OF THE WATERBODY. THE SILT FENCE SHOULD INCORPORATE REMOVABLE "GATES" AS REQUIRED TO ALLOW ACCESS WHILE MAINTAINING EASE OF REPLACEMENT FOR OVERNIGHT OR DURING PERIODS OF RAINFALL. 5. CONSTRUCT A TEMPORARY SUMP UPSTREAM OF THE DAM AND LINE WITH ROCKFILL IF A NATURAL POOL DOES NOT EXIST. INSTALL THE PUMP OR PUMP INTAKE IN THE POOL OR SUMP. DISCHARGE WATER ONTO AN ENERGY DISSIPATOR DOWNSTREAM OF THE WORK AREA. 6• EXCAVATED MATERIAL MUST NOT BE STOCKPILED WITHIN 10 FT. OF THE WATERBODY. THIS MATERIAL MUST BE CONTAINED WITHIN BERM CONTAINMENT, WITH SECONDARY SILT FENCE PROTECTION TO PREVENT SATURATED SOIL FROM FLOWING BACK INTO THE WATERBODY. 7. CHEMICALS, FUELS, LUBRICATING OILS SHALL NOT BE STORED AND NOR SHALL EQUIPMENT BE REFUELED WITHIN 100 FT. OF THE WATERBODY. PUMPS ARE TO BE REFUELED AS PER THE SPCC PLANS. MAINTENANCE OF STREAMFLOW IF THERE IS ANY FLOW IN THE WATERBODY, INSTALL PUMPS TO MAINTAIN STREAMFLOW AROUND THE ISOLATED SECTIONS OF CHANNEL. THE PUMP IS TO HAVE 1.5 TO 2 TIMES THE PUMPING CAPACITY OF ANTICIPATED FLOW. A SECOND STANDBY PUMP OF EQUAL CAPACITY IS TO BE READILY AVAILABLE AT ALL TIMES. AN ENERGY DISSIPATOR IS TO BE BUILT TO ACCEPT PUMP DISCHARGE WITHOUT STREAMBED OR STREAMBANK EROSION. IF THE WORK IS PROLONGED BEYOND ONE DAY THE AREA NEEDS TO BE MONITORED OVERNIGHT. 8. IF A REPLACEMENT, PIPE MAKE—UP AREAS ARE TO BE LOCATED AT LEAST 50 FT. FROM THE WATER'S EDGE (WHERE TOPOGRAPHIC CONDITIONS PERMIT) AND SHALL BE THE MINIMUM AREA NEEDED. 9. DAMS ARE TO BE MADE OF STEEL PLATE, INFLATABLE PLASTIC DAM, SAND BAGS, COBBLES, WELL GRADED COARSE GRAVEL FILL, OR ROCK FILL. DAMS MAY NEED KEYING INTO THE BANKS AND STREAMBED. ENSURE THAT THE DAM AND VEHICLE CROSSING (IF NEEDED ARE LOCATED FAR ENOUGH APART TO ALLOW FOR A WIDE EXCAVATION. CAP FLUMES USED UNDER VEHICLE CROSSING DURING DRY CROSSING. 10. DEWATER AREA BETWEEN DAMS IF POSSIBLE. DEWATERING SHOULD OCCUR IN A STABLE VEGETATIVE AREA A MINIMUM OF 50 FT. FROM ANY WATERBODY. THE PUMP DISCHARGE SHOULD BE DISCHARGED ONTO A STABLE SPILL PAD, FILTER BAG OR HAY BALE STRUCTURE TO PREVENT LOCALIZED EROSION. THE DISCHARGE WATER SHOULD ALSO BE FORCED INTO SHEET FLOW IMMEDIATELY BEYOND THE SPILL PAD BY USING HAY BALES AND THE NATURAL TOPOGRAPHY. DISCHARGED WATER SHALL NOT BE ALLOWED TO FLOW INTO ANY WATERBODY OR WETLAND. IF IT IS NOT POSSIBLE TO DEWATER THE EXCAVATION DUE TO SOILS WITH A HIGH HYDRAULIC CONDUCTIVITY, THE EXCAVATION IS TO BE CARRIED OUT IN THE STANDING WATER. PUMP ANY DISPLACED WATER AS DESCRIBED ABOVE TO PREVENT OVERTOPPING OF DAMS. 11. INSPECT/REPAIR PIPELINE AS NEEDED. 12. CONTRACTOR SHALL RESTORE THE STREAM BED AND BANKS TO APPROXIMATE PRE —CONSTRUCTION CONTOURS, BUT NOT TO EXCEED 2:1 SLOPE. a. CONTRACTOR SHALL INSTALL PERMANENT EROSION AND SEDIMENT CONTROL STRUCTURES AS INDICATED ON A SITE SPECIFIC BASIS. IN THE ABSENCE OF SITE SPECIFIC INFOR— MATION, A FLEXIBLE CHANNEL LINER SUCH AS NAG C125 OR C350 WHICH IS CAPABLE OF WITHSTANDING ANTICIPATED FLOW SHALL BE INSTALLED. ALTERNATIVELY, ROCK RIP —RAP SHALL BE INSTALLED. b. ANY MATERIALS PLACED IN THE STREAM TO FACILITATE CONSTRUCTION SHALL BE REMOVED DURING RESTORATION. BANKS SHALL BE STABILIZED AND TEMPORARY SEDIMENT BARRIERS INSTALLED AS SOON AS POSSIBLE AFTER IN —STREAM WORK BUT WITHIN 24 HOURS OF COMPLETING IN —STREAM WORK. c. MAINTAIN A SILT FENCE OR HAY BALE BARRIER ALONG THE WATERBODY UNTIL VEGETATION IS ESTABLISHED IN ADJACENT DISTURBED AREAS. 13. WHEN THE STREAMBED HAS BEEN RESTORED, THE CREEK BANKS ARE TO BE CONTOURED TO A STABLE ANGLE AND PROTECTED WITH EROSION RESISTANT MATERIAL COMPATIBLE WITH FLOW VELOCITY BETWEEN DAMS (E.G., EROSION CONTROL BLANKETS, CRIBBING, ROCK RIP —RAP, ETC.). THE DAMS ARE TO BE REMOVED DOWNSTREAM FIRST. KEEP PUMP RUNNING UNTIL NORMAL FLOW IS RESUMED. COMPLETE BANK TRIMMING AND EROSION PROTECTION. IF SANDBAGS ARE USED FOR THE DAMS, PLACE AND REMOVE BY HAND TO AVOID EQUIPMENT BREAKING BAGS. 14. TEMPORARY EQUIPMENT CROSSING CAN BE CONSTRUCTED USING EITHER A FLUME CROSSING OR A TEMPORARY BRIDGE. FOR BRIDGE CROSSING DETAILS, REFER TO THE TYPICAL RAILCAR BRIDGE CROSSING OR TYPICAL MAT CROSSING DRAWINGS. IMO ENGINEERING CONSULTANTS INC. COLONIAL PIPELINE COMPANY 1300 MEfROP011iPN BLYa.P ONE: (850) ]85-54gASSEE, R., OSP ]f308 M ATLANTA, GEORGIA TYPICAL DAM AND PUMP MAINTENANCE DIG REVISION °�'0°` ,� R. AT WATERBODY LESS THAN 15' CALF I DATE DRAWN APPROVED TROW PROJ. NO.1 DRAWING SHEET NTS 1 01-29-2004 ALS I — I I THES0050362 I COL-0003a 2 OF 2 /e1»;ILlIQK144 CPC SOIL EROSION AND SEDIMENT CONTROL PLAN Colonial Pipeline Company Soil Erosion and Sediment Control Plan For Pipeline Maintenance Activities Objective Disturbed areas are to be restored as close as practical to their original contours and conditions so that once vegetation is reestablished, erosion will be reduced to the same or lower level that existed prior to disturbance. Description This section defines the soil erosion and sediment control measures that Colonial Pipeline Company will implement during and after inspection and repairs of the pipeline are complete. The objectives of this plan are to establish general guidelines for controlling erosion and sedimentation and to specify criteria for sensitive or particularly susceptible soil areas. The plan incorporates measures to control erosion and sedimentation, including minimizing cover removal, limiting the time of exposure, limiting the flow of water onto the disturbed right-of-way, and filtering or settling out sediment from water flowing from the right-of-way. The primary objective of the soil erosion and sediment control plan is to reduce the area and duration of soil disturbance and reestablish permanent vegetation as soon after construction as possible, thereby minimizing long-term erosion and sedimentation. Some erosion is inevitable during construction; however, the plan includes measures to reduce erosion to the minimum practical. Colonial Pipeline Company plans to reduce soil erosion and provide sediment control during the repair of the pipeline at the project site by incorporating the following measures: • Water pumped from the construction area as part of the dewatering operation from the excavation will be filtered through silt filtration bags and discharged to a well -vegetated area. • All work will be confined within the existing right-of-way. Staked hay bales and silt fence will be installed around the worksite and maintained until vegetation is established. Proper controls will be added ifnecessary during construction. • All terms and conditions within Nationwide Permit 3 will be followed. • Erosion control measures will be installed prior to conducting any soil disturbing activities associated withthe pipeline maintenance activity. • Clearing of vegetation will be kept to an absolute minimum and confined to the existing pipeline easement area. The easement area is 50 feet in width and devoid of large trees. The right of way is vegetated with undergrowth grasses and other short vegetation. • Vegetation will be reestablished within disturbed areas and along stream banks as soon as possible upon completion of work. Disturbed areas will be seeded with a wetland seed mixture • All erosion and sediment control measures will be inspected every two weeks at a minimum and after every significant rainfall event of 0.5 inch or more until disturbed areas have been stabilized. Identified damages to control measures must be repaired immediately. Refuse and Waste Disposal Colonial's representative will not allow the Contractor to discard any litter, including paper, bottles, cans, rags, sacks, welding rod stubs, fuel, crankcase draining, coating materials, equipment, and junk pipe in the ditch or along the right-of-way. All refuse mustbe collected and disposed in accordance with company specifications. Personnel will be instructed regarding the correct procedure for waste disposal. Maintenance/Inspection Procedures The following inspection and maintenance practices will be implemented to maintain erosion andsediment controls: i. All control measures will be inspected every two weeks at a minimum and following any storm event of 0.5 inch or greater. 2. All control measures will be maintained in good working order. If a repair is necessary, it will be initiated within 24 hours of the report. 3. Built-up sediment will be removed from silt fences when it has reached one-third the height ofthe fence. 4. Silt fences will be inspected for depth of sediment, tears, secure attachment of the fabric to the fence posts, and firm placement of the fence posts in the ground. 5. Temporary and permanent seeding and planting will be inspected for bare spots, washouts, and healthy growth. 6. Colonial Pipeline Company will select individuals to be responsible for inspections, maintenance and repair activities, and completion of the inspection and maintenance report. Personnel selected for inspection and maintenance responsibilities will receive training from Colonial Pipeline Company or its representative. Personnel must be trained in all practices necessary for maintaining the erosion and sediment controls used on -site. APPENDIX F 401 & BUFFER PERMITTING PCN SUBMITTAL CHECKLIST Version 4.3 Updated April 20, 2022 401 & Buffer Permitting PCN Submittal Checklist ❑✓ The application fee (Checks may be made out to "N.C. Division of Water Resources" - $240.00 for 401 Water Quality Certification with minor impacts - $570.00 for 401 Water Quality Certification with major impacts - Express Review Fee (Amount requested on Acceptance Letter) ❑✓ Pre -filing meeting request documentation or receipt demonstrating that at least 30 days prior to submitting a certification request, a pre -filing meeting was requested with the certifying agency. ❑✓ One complete copy of the PCN Application and supporting documentation (no larger than 11 X 17 plans if submitting paper copies) ❑ Stormwater Management Plan (if applicable — see PCN Form Help File Section F) 1) Please provide the stormwater management plan along with all supporting information pertaining to this project including the following: a. Entire site development/layout plans delineating all drainage areas; b. Design calculation sheets for all proposed SCM(s) sized for both on -site and off -site drainage; C. Application form SWU-101, the $505 application fee and last two signature pages may be omitted; d. Supplemental form for each proposed SCM and Required Items Check List (https:Hdeg. nc.gov/about/divisions/energy-mineral-and-land- resources/stormwater/stormwater-program/stormwater-design) along with all required items; e. A Notarized Operation & Maintenance Agreement for each proposed SCM ; f. Detailed construction drawing sheets shall include (i) Erosion and sediment control plans; (ii) Installation and planting schedules for the proposed SCMs; (iii) Appropriately scaled plan views and cross sectional details of all SCMs and associated components — inlet and outlet structures, forebay, respective zones and pertinent elevations; (iv) Collection system routing stormwater to the proposed SCMs; (v) Any energy dissipator and vegetated area (if provided); (vi) Maintenance access/easement for the proposed SCMs. ❑ If your project is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form: 1) Details for on -site diffuse/dispersed flow provisions, (refer to https:Hdeg.nc.gov/about/divisions/energy-mineral-and-land- reso u rces/stormwate r/stormwater- prop ram/stormwate r-design) . DWR Stream Determination Forms for streams on property and DWR determination letter for wetlands or streams (if applicable). The following is the most critical of all the information that you must provide. The quality and detail of the information will often determine the expeditiousness of the review. The following is a checklist of the types of pertinent information required at a minimum: Version 4.3 Updated April 20, 2022 Maps and Plans: The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or delineate the site boundaries on the topographic map. ❑✓ The most recent version of the bound and published County NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar -Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) - Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Copies of the current soil survey and/or soil survey map sheets can be obtained from the local NRCS County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable. ❑✓ Vicinity map - Please clearly mark the location and approximate boundaries of the property and project on the map. Please indicate north arrow and scale. Please include applicable road names or State Road numbers. The Site Plan - The most critical map to be provided is the site plan. The following is the minimum list of plans that are typically needed. Pre-construction/Pre-existing conditions - This sheet (or sheets) must include: • All jurisdictional and non -jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Topographic contours with elevations • Any existing structures and impervious areas • Existing utility lines and easements • Existing roads, culverts, and other pertinent features • North arrow and the scale (1 ":50' scale is recommended). ❑✓ Proposed conditions - This sheet (or sheets) must include: • All jurisdictional and non -jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Lot layout (if a subdivision or commercial development is proposed) - lots must be developable without further impacts to jurisdictional and non -jurisdictional wetlands, streams, water features, and State regulated buffers. Building envelopes must be provided when streams, wetlands, riparian buffers, or water features exist on a lot • All built -out structures and impervious cover • Final grading contours with elevations • All utilities and easements (including septic fields on all lots within 100 feet of stream, wetland, or water features - if applicable) • Impacted areas — these should correspond with the Impact numbers listed on your PCN form. ❑ Drainage Plans - Final drainage plans must include the following: • Locations and pertinent elevations and sizes of the stormwater collection system and drainage ways • All inlets and outlets must also be shown with pertinent elevations (All outlets to wetlands must be at a non -erosive velocity, generally less than 2 ft/sec during the peak flow from the 10-yr storm) • Scaled stormwater BMPs must also be indicated as required by DWR rules and policies Version 4.3 Updated April 20, 2022 • In certain cases (see Section F of PCN form), final stormwater management plan must also be provided (see Stormwater Management Plan Checklist) ❑✓ Proposed Impacts - All impacts to jurisdictional and non -jurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans at a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and non -jurisdictional wetland, stream, water features, and State regulated buffers must be indicated. Please provide cross sectional details showing the provisions for aquatic life passage (burial of culvert 20% for culverts <_ 48 inches, and 1- foot for culverts > 48 inches). Wetland Impacts: ❑ Precise grading and final elevation contours must be provided. Existing vegetation and any clearing must be specified. ❑ All subsurface utility lines must indicate the location of anti -seep collars. Construction detail for anti -seep collars must be provided. ❑ Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. ❑ Plans should show that the hydrology of remaining wetlands on the site will be maintained. Stream Impacts: ❑✓ Stream impacts must be clearly shown on the plans. The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted. ❑ The inlet and the outlet of all culverts should be aligned with the stream as much as possible. Inlet and outlet elevations and streambed elevations should be indicated. Any inlet or outlet protection must be shown and enumerated on the impact map(s). ❑ For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank. Additionally, please provide a signed and sealed geotechnical report of subsurface soils at the proposed bottomless culvert location. The report must comply with the Division of Highways — Guidelines for Drainage Studies and Hydraulic Design, prepared by A.L. Hankins, Jr., State Hydraulics Engineer - 1999. Version 4.3 Updated April 20, 2022 ❑ Multiple culverts or sectioned box culverts typically require the use of sills, off- setting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage). A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood -prone area. ❑ Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization. The length of stream impounded must also be indicated and enumerated. lI''%TelMAIILvillLl[il%]011]!;' IVDoINW01 MO:7Al nAIZ� 'tee auwv *"k NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. [Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.79252553 Longitude (DD.DDDDDD): 79.17271009 Form Version 4.3, April 20, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https:Hedocs.deg. nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 PreFile(a)-ncdenr.gov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 4/11/2023 Page 1 of 23 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: Chatham Additional (if needed). Is this a NCDMS project? (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? ❑ Yes ❑x No Please provide the date of the previous submission. Click to enter a dat, ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑ Regional General Permit (RGP) authorization? ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No NWP number(s) (list all numbers): 3 (a) and (c) RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text 1d. Type(s) of approval sought from DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: ❑ Yes ❑x No For the record only for Corps Permit: ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? ❑ Yes ❑x No Page 2 of 23 PCN Form Version 4.3- April 20, 2022 1g. Is payment into a mitigation bank or in -lieu fee program proposed for ❑ Yes ❑x No mitigation of impacts? If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental ❑ Yes ❑x No ❑ Unknown Concern (AEC)? 1j. Is the project located in a designated trout watershed? ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 23 PCN Form Version 4.3- April 20, 2022 B. Applicant Information 1 a. Who is the primary contact? Jennifer Price 1 b. Primary Contact Email: jeprice@colpipe.com 1c. Primary Contact Phone: (###)###-#### (704) 421-3924 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: See attached easements 2b. Deed Book and Page No.: UlICK to enter. 2c. Contact Person (for corporations): Click to enter. 2d. Address Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country: Click to enter. 2e. Telephone Number: * (###)###-#### Click to enter. 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: Click to enter. 3. Applicant Information (if different from owner) 3a. Name: Jennifer Price 3b. Business Name (if applicable): Colonial Pipeline Company (CPC) 3c. Address: Street Address: 7524 Kenstead Circle Address line 2: Click to enter. City: Charlotte State/ Province/ Region: North Carolina Postal/ Zip Code: 28214 Country USA 3d. Telephone Number: (###)###-#### (704) 421-3924 3e Fax Number: (###)###-#### Click to enter. 3f. Email Address: jeprice@colpipe.com Page 4 of 23 PCN Form Version 4.3- April 20, 2022 4. Agent/ Consultant (if applicable) 4a. Name: Michael Barfield 4b. Business Name: Corblu Ecology Group, LLC 4c. Address: Street Address: 3225 South Cherokee Lane Address line 2: Click to enter. City: Woodstock State/ Province/ Region: Georgia Postal/ Zip Code: 30188 Country: USA 4d. Telephone Number: (###)###-#### (770) 591-9990 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: mbarfield@corblu.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 23 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information la. Name of project: * Line 22 Exposure Chatham County, North Carolina 1 b. Subdivision name (if appropriate): Click to enter 1 c. Nearest municipality/town: * Pittsboro 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 0001623, 0001882 2b. Property size (in acres): Click to ente 2c. Project Address: Street Address: Click to enter. Address line 2: Click to enter. City: Pittsboro State/ Province/ Region: North Carolina Postal/ Zip Code: 27312 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 35.79252553 Longitude (-DD.DDDDDD):-79.17271009 3. Surface Waters 3a. Name of nearest body of water to proposed project: Haw River 3b. Water Resources Classification of nearest receiving WS-IV; NSW water: The Surface Water Classification map may be found at this link: httr)s:Hncdenr. mar)s.arcg is.com/apes/webappviewer/index. html?id=6el 25ad7628f494694e259c8Odd64265 Cape Fear 3c. In what river basin(s) is your project located? Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030300020701 located: The Find Your HUC map may be found at this link: https:Hncdenr.maps.arcqis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 23 PCN Form Version 4.3- April 20, 2022 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: Mowed and maintained petroleum pipeline right-of-way (ROW). The streambed/bank erosion within the unnamed perennial tributary appears to be the result of storm flows, which has removed/displaced the required protective cover over CPC's Line 22 resulting in an exposure. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑ No ❑x Unknown project (including all prior phases) in the past? If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 02. Is any portion of the work already complete? ❑ Yes ❑x No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Click to enter text. 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.04 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 80 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the Click to enter. acres property: 4h. Explain the purpose of the proposed project: Due to recent storm flows bed/bank erosion has occurred within an unnamed perennial tributary resulting in the displacement of protective cover over CPC's Line 22 within CPC's ROW. These conditions have resulted in the exposure of CPC's Line 22. The lack of pipeline protection at the maintenance Icoation has resulted in condions where the pipeline is vulnerable to potential damages. Further, these conditions are not consistent with CPC's or U.S. Department of Transportation requlatory requirements for pipeline protection. CPC proposes to replaced the protective cover over the line using Submar articulating revetment mats and rip rap. These actions serve to replace the required protective cover over the exiting pipeline and prevent future conditions from occurring within the stream that may leave Line 22 vulnerable to potential damages. Page 7 of 23 PCN Form Version 4.3- April 20, 2022 4i. Describe the overall project in detail, including the type of equipment to be used: The maintenance location will be accessed from River View Road via a gravel path onto CPC's existing, mowed, and maintained ROW. Prefabricated mats will be used to temporarily cross the non -jurisdictional isolated emergent wetland area to access the maintenance location. CPC intends to inspect Line 22 and replace the protective cover over the pipeline using Submar pre -cast revetment mats and rip rap to remediate the streambed/bank erosion. To re-establish the minimal pipeline protective cover, CPC intends to conduct the following: 1) excavate the eroded area on Line 22; 2) inspect and make repairs to Line 22 as necessary; 3) backfill the excavation area; and 4) restore the streambed to approximate pre -erosion contours and elevations over Line 22 using Submar mats. These pre -cast mats and rip rap will be keyed/imbedded into the stream bed and banks in a manner that maintains grade and normal stream flow conditions. To minimize sedimentation to the unnamed perennial tributary during the above -mentioned maintenance activity, dams constructed of sandbags, steel plates, or water -inflatable plastic dams will be temporarily placed upstream of the maintenance area to conduct maintenance activities "in -the -dry". The stream flow will be pumped around the maintenance area, discharging immediately downstream via an energy dissipater to prevent stream scour. The pump(s) used will be sufficiently sized to accommodate the anticipated stream flow. All excavated soils will be temporarily stored in the adjacent upland area surrounded by silt fence within the CPC ROW. Rip rap will be used above and below the mat system within the streambed for additional stabilization. The rip rap will be placed on erosion control blanket (geotextile fabric) in a manner where the finished top elevation of the rip rap does not exceed that of the original stream bed elevation. Once the required protective pipeline cover (pre- cast revetment mats) is keyed into the streambed in a manner that maintains existing grade and flow conditions of the stream, the temporary dams will be removed, and normal streamflow will be restored. The proposed maintenance activity will require unavoidable permanent and temporary impacts to the unnamed perennial tributary. Permanent impacts include approximately 80 linear feet (LF; 0.006-acre) (60 LF of Submar mats and 20 LF of rip rap). Temporary impacts include approximately 60 LF [30 LF (0.0014-acre) upstream; and 2) 30 LF (0.0017-acre) downstream] of the unnamed perennial tributary for temporary workspace/grading associated with providing the required protective cover over Line 22. CPC's standard erosion control practices will be employed. Specifically, the disturbed areas along the stream bank will be reseeded with a native seed mix and strawed. No monofilament erosion control matting will be used. Equipment will include: an excavator, rock truck (for material transport), properly sized pumps, and a wilding truck (to conduct pipe repairs as necessary). 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. DICK to enter Leh. Page 8 of 23 PCN Form Version 4.3- April 20, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Wetland is an isoloated concave surface that has no surface connection to relatively permanent waters. Wetland area will be crossed using pre -fabricated mats. See Figure 2 for the project area and Figure 3 for site access 5b. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? ❑x Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): Click to enter Name (if known): Michael Barfield 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Corblu Ecology Group, LLC. areas? Other: ';lick to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. Click to enter. 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. 'nick to enter Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Click to entu. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Whyburn Kay Paul 3823 Drakewood Drive Cincinnati, OH 45209 8. Scheduling of activity: Activity will be scheduled in 2023/2024 after approval of this certification and is not expected to exceed 20 days. Page 9 of 23 PCN Form Version 4.3- April 20, 2022 D. Proposed Impacts Inventory Impacts Summary ❑ Wetlands ❑x Streams - tributaries 1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site # 2a1. Impact Reason/Type 2b. Impact Duration* 2c. Wetland Type 2d. Wetland Name 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N --hoose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N --hoose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts Click to enter. ac 2g3. Total wetland impacts Click to enter. ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to enter text. 2i. Comments: Click to enter text. Page 10 of 23 PCN Form Version 4.3- April 20, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government 3a 3b. 3c. 3d. 3e. 3f. 3g. 3h. Site #* Impact Reason Impact Impact Stream Name Stream Jurisdiction Stream Impact length Duration Type Type Type Width (avg (linear ft) ft) S1 Fill Permanent Fill (Incl. P1 Perennial Both 3 80 Riprap) S2 Grading/Workspace Temporary Other P1 Perennial Both 3 60 S3 Click to enter Temp/ Choose Click to enter Per/Im Choose Click to enter Click to enter Perm one one S4 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S5 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S6 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S7 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S8 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S9 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S10 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S11 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S12 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S13 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S14 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S15 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S16 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S17 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S18 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one S19 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one Page 11 of 23 PCN Form Version 4.3- April 20, 2022 S20 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one 3i1. Total jurisdictional ditch Click to enter. linear ft impact: 3i2. Total permanent stream 80 linear ft impacts: 36. Total temporary stream 60 linear ft impacts: 3i4. Total stream and ditch 140 linear ft impacts: 3j. Comments: Click to enter. Page 12 of 23 PCN Form Version 4.3- April 20, 2022 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., individually list all open water impacts in the table below. 4a. Site # 4a1. Impact Reason 4b. Impact Duration 4c. Waterbody Name 4d. Activity Type* 4e. Waterbody Type 4f. Impact area (ac) 01 ;lick to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 :,lick to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one I Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include ofFline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 choose one Click tc, Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter Page13 of 23 PCN Form Version 4.3- April 20, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑x Other: Cape Fear Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 132 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 133 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 134 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 135 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 136 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 137 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 138 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 139 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6i. Comments: No riparian buffer rules, project is located in the Cape Fear River Basin. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 14 of 23 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The Submar mat system was designed to minimize disturbances to aquatic resources, while achieving the required protective coverage. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The area will be temporarily de -watered with a dam and pump, which will allow for the project to take place without contacting flowing water, thus reducing downstream sedimentation. Further, the articulating revetment mats are pre -cast, which eliminates the need to bring live concrete on -site. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: ClicK io enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) httgs://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres Page 15 of 23 PCN Form Version 4.3- April 20, 2022 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to Pnter 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑x No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: No riparian buffer protection rules, project is located in the Cape Fear River Basin. Page 16 of 23 PCN Form Version 4.3- April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.gov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? El Yes El No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ❑ Yes ❑ No To look up low density requirements, click here: http://reports.oah.state.nc. us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environ mental%20management/subchapter%20h/15a%20ncac%2002 h%20.1003. pdf 2c. Does this project have a stormwater management plan (SMP) ❑ Yes ❑ No reviewed and approved under a state stormwater program or state - approved local government stormwater program? ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? ❑ Local Government (Check all that apply.) ❑ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs ❑ Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 17 of 23 PCN Form Version 4.3- April 20, 2022 Please identify which local government stormwater program you are using. Click to enter. State Stormwater Programs ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Project does not require a stormwater management plan. Page 18 of 23 PCN Form Version 4.3- April 20, 2022 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? 1 b. 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 (North Carolina) Environmental El Yes El No Policy Act (NEPA/SEPA)? 1 c. 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 ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: Click to enter. 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): DICK to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? 3b. If you answered "no", provide a short narrative description: The Submar articulating revetment mat system has been designed to provide the required protective cover over the pipeline and remain stable in the stream syste. Additional repairs to the area are not anticipated. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdo 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? I ❑ Yes ❑ No ❑x N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Click to enter. Page 19 of 23 PCN Form Version 4.3- April 20, 2022 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: hftps://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another federal agency involved? ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ®Yes El No 5g. Does this project involve bridge maintenance or removal? ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http:Hsaw-reg.usace. army. mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdo Page 20 of 23 PCN Form Version 4.3- April 20, 2022 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS Information for Planning and Consulation (IPaC) website was used to generate a site specific species list. The IPaC Official Species List suggests five species as potentially occurring in the project area: 1. Harperella (Ptilimnium nodosum). Harperella (Endangered) is found in rocky and gravel shoals beneath the water surface in swift clear flowing streams, the edge of pineland ponds, wet savannah meadows, or granite outcrop seeps. The deeply incised perennial stream within the project area does not provide suitable habitat for harperella; therefore, we anticipate the project will have "No effect" on harperella. 2. Monarch Butterfly (Danaus plexippus). The monarch butterfly at this time is a candidate species and therefore not afforded protection under the endangered species act. Further, the monarch butterfly is associated with milkweed (Asclepias sp.), which is the only host plant for this species. Milkweed was not observed growing within the CPC ROW; therefore, we anticipate the project will have "No effect" on the monarch butterfly. 3. Cape Fear Shiner (Notropis mekistocholas). The Cape Fear shiner (Endangered) is a mainstem river species often associated with water willow (Justica americana) and rocky shoals. The above referenced perennial stream has a watershed of approximately 60-acres, a width no more than 3 ft, and depths of 1-2 feet with gravel/sand substrates and is approximately 1,000 feet upstream of the Haw River. While the unnamed perennial tributary does not provide suitable habitat, the Cape Fear shiner is known to occur within the Haw River. As mentioned above the proposed maintenance will be completed "in -the -dry" using a dam and pump to minimize downstream sedimentation. Based on the available habitat and proposed maintenance techniques we anticipate the project will have "No effect" on the Cape Fear shiner. 4. Red -cockaded Woodpecker (Picoides borealis). The red -cockaded woodpecker (Endangered) requires large mature open pine forests of longleaf, slash, or loblolly pine. The woodpecker nests and roost in cavities excavated in large mature living pines. The forests surrounding the CPC ROW at the above referenced maintenance location are hardwood dominated and do not provide suitable red -cockaded woodpecker habitat; therefore, we anticipate the project will have "No effect" on the red -cockaded woodpecker. 5. Tricolored Bat (Perimyotis subflavus). The tricolored bat (Proposed Endangered) is not afforded protection under the Endangered Species Act of 1973. Further, the tricolored bat hibernates in caves or roadway culverts and roosts in trees under exfoliating bark, within cavities, and in tree snags during the summer months. No caves or roadway culverts will be disturbed during the proposed project. Further tree clearing is limited to two trees (one upstream and one downstream) on the edge of the CPC ROW. We anticipate the minimal tree clearing proposed will have "No effect" on the tricolored bat should it be listed as endangered. In summary we anticipate the proposed maintenance project will have "No effect" on the five above referenced species due to a lack of suitable habitat present within the project area. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? El Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes ❑x No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? NOAA Page 21 of 23 PCN Form Version 4.3- April 20, 2022 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): htti):Hqis.ncdcr.gov/hi)oweb/ 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 (e.g., National Historic Trust designation or ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? The North Carolina State Historic Preservation Office GIS Download. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. Click to enter 8c. What source(s) did you use to make the floodplain determination? The FEMA ArcGIS base layer. H. Miscellaneous Comments: Click to enter - Attach pertinent documentation or attachments not previously requested I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Michael Barfield Page 22 of 23 PCN Form Version 4.3- April 20, 2022 Signature:* Click to enter. Date: i Click to enter. Page 23 of 23 PCN Form Version 4.3-April 20, 2022 Michael Barfield From: Michael Barfield Sent: Tuesday, April 11, 2023 3:27 PM To: 401 PreFile@ncdenr.gov Cc: Shanna Cahill; Price, Jennifer Subject: 401/Buffer Pre -filing Meeting Request Attachments: Line 22 Exp Delineation Results.pdf Please fill out the following information: Project Name: Colonial Pipeline Company Line 22 Exposure, Unnamed Perennial Tributary to the Haw River County: Chatham Applicant Name: Jennifer Price (Colonial Pipeline Company) Applicant Email: Jeprice@colpipe.com Agent Name: Michael Barfield (Corblu Ecology Group, LLC.) Applicant Email: Mbarfield@corblu.com **Please note that multiple projects may be submitted within the same email by supplying all the above information for each project. ***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if necessary use that copy in application/form submittal. John M. Wyatt Southeast Distric' Environmental Program Manager March 20. 2020 US Army Carps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 NC DWR, 401 S Buffer Permiting Branch 1617 Mail Service Center, Raleigh, NC 27699-1617 Subject: Authorization Letter To Whom It May Concern: Colonial Pipeline Company Tel. (404) 713-92 7 0 Colonial Pipeline Company {CPC} gives authorization to Corbiu Ecology Group to serve as our agent regarding North Carolina Division of Water Quality (DWQ)IIJ_S. Army Corps of Fngineers (USACF) Pre - Construction Notification (PCN) Application Farms. Should you have any Questions or concerns please contact me at the letterhead address or telephone number. Sincerely, 1 Jahn M. Wyatt Southeast Distrint Environmental Program Manager ColonW Pipoirie Company 5251 Hvey 153 Suite C #365 Hixrwn, TN 37343 PCN FORM ATTACHMENT A — Easement Agreement f nv, 2l RIGHT OF WAY EASEMENT OPTION LUJIC-22.4 Map 20 FOR AND IN CONSIDERATION OF Ten and no 100 10 00 LLARs, the receipt of which is hereby acknowledged, and the further consideration of $1. 00 per rod 2CORMN, to be paid within the period hereinafter provided, William M. Whyburn end his wife, Marie B Whyburn hereinafter referred to as Grantors (whether one or. more), do hereby grant and convey unto COLONIAL PIPELINE COMPANY, a Delaware corporation, its successors and assigns, hereinafter referred to as Grantee, an easement for a pipe line right of way with the right to construct, maintain, Inspect, operate, protect, replace, repair, change the size of, and remove a pipe line for the transportation of liquids and/or gases, upon and along a route to be selected by Grantee, said right of way being 50 re et in width ad=millitlB)LY3fXyyYv4haltxfrota g[ , on, over, and through the following described lands, of which Grantors warrant they are the owners in fee simple, situated in Chatham County, State of North Carolina to —wit: A tract of land containing 249 acres more or less deeded to William M. Whyburn, dated January 24, 1962, and recorded in Book together with the right of unimpaired access to said pipe line and the right of ingress and egress on, over, and through Grantors` above -described land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted hereunder, with the further right to maintain said right of way herein granted clear of trees. undergrowth, and brush. Grantors covenant and agree that they will not impound water or construct buildings or structures of any type whatsoever on the above described right of way strip. This shall be a covenant running with the land and shall be binding on Grantors, their heirs and assigns. In addition to the above consideration, Grantee agrees to repair or to pay for any actual damage which may be done to growing crops, timber, fences, buildings, or other structures directly caused by Grantee exercising any rights herein granted; Provided, however, after the first pipe line has been installed, Grantee shall not be liable for damages caused on the right of way by keeping said right of way clear of trees, undergrowth, brush, structures. and obstructions in the exercise of its rights granted herein. Any pipe line constructed by Grantee across any portion of the above -described land which is under cultivation shall, at the time of the constuction thereof, be buried to such depth as will not interfere with Grantors' use of said land for normal cultivation required for the planting and tending of crops; except that Grantee, at its option, may construct its pipe line above the channel of any natural or man-made stream, ravine, ditch, or other watercourses As a part of the consideration hereinabove set forth, Grantors hereby grant unto said Graotee, its successors and assigns, the right at any time to construct, operate, and maintain an additional pipe line or pipe lines substantially parallel to the first pipe line constructed by Grantee on Grantors' land, above described and Grantee agrees to pay Grantors the sum of S 1. 00 per red for each additional pipe line constructed, said payment to be made before construction commences. Said additional pipe line or pipe lines shall be subject to the same rights, privileges, and covenants as set forth in this Right of Way Easement. This Option shall extend for a period of 12 months from the date hereof, during which time Grantee may enter upon the premises for making surveys and performing work incidental thereto to locate the route of the initial pipe line to be con- structed. Grantee may exercise this Option at any time during such period by paying to Grantors the aforesaid further consider- ation of S 1 . OO / rod , and upon making such payment this Option shall become an indefeasible right of way easement to be held by Grantee, its successors and assigns. If Grantee fails to pay said further consideration within said-4ra—month period, this Option shall cease and terminate. It is agreed that any payment hereunder may be made direct to said Grantors, or any one of them, or by depositing such Payment to the credit of said Grantors, or any one of them,. io441e—and payment so made shall be deemed and considered as payment to each of said Grantors. The rights herein granted are divisible and assignable in whole or in part. The terms, covenants, and provisions of this right of way easement shall extend to and be binding upon the heirs, ex- ecutors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said rights and right of way, easements, estates, and privileges unto the said Grantee, its successors and assignees, so long as said right of way and easements are used for the purposes granted herein. IN WITNESS WHEREOF, the Grantors herein hdve nereunu, set their hands aiid seals thisday of nnrJJJ1��19-63 Signed, sealed, and seal) deki er in the presence o �'(�j William Whgp / _ � " Seal) D1111 ps M. es Marie B.. Whyburn (seal) Grantors INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA 1 COUNTY OF J}SS 1 do hereby certify tha+ personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this, the day of 19,. My term of office expires on the day of Notary Public INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF _ _ _ ` SS 1. — , do hereby certify personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this, the day of 19_. My term of office expires on the --day of PROOF BY SUBSCRIBING WITNESS STATE OF NORTH CAROLINA 1 COUNTY OF Chathaatl Jt SS Notary Public 1, Irene F. McLaurin , of Chatham County, state of N.C. certify that Dempsey M_ .Jones__ — personally appeared before me this day, and being duly sworn, stated that in his presence William K. Whyburn and his wifP. Marie �t]rI1 _ —igned the foregoing instrument. YAtness my hand. and official seal, this IQ day of My.i6lyh of, office expires on the 75 day of Irene P. XCLAVimPttb'ic hiae 19���- NORTH CAROLINA: CHATHAM COUNTY Theforegoingcertificate of Irene P. McLaurin, t �_= N. P., of Chatham County, N. C., is adjudged to be correct. Let the instrument with this certificate be registered. Witness my hang this 26th day of June, 1963. -7Yla4l to _UUtk uper or court J W a z a U 4Ua u, o ` 1 Gd Filed for registration at 9 o'clock A.M., on June 26, 1963 nd registere aok 89,.-..Fage _. o e s _1 alas t, C) ro p M a. CD 0 O H a 9 C+ I 0 n O 0 w I m Fj v r 00• a I t� CD f3. CD CD w U) '[i N to C+ O 0a N :®o w o 0 A 5 rnNP) v xo a 0 4 c+ N m w aq + F& 04 m ii K c+ ¢ 00 c+ K CD cf c+ �A N c� �0 N �+N•m 0 CD R �ci-o1 m (D 1-" CD c�+ 4• cO+ m 13 w � K FS m P) 1CD 0 00) K ri :J W CL oq wy F+ • w a' m IV m K 4 K r- (D m "0 P) N O 0 K Cr F—� m RIGHT OF WAY EASEMENT 806:218 Book 314, Page 371 Fifty and No/100 - - - - - - - - - - - - ($50•00) - FOR AND IN CONSIDERATION OF —DOLLARS, the receipt of which is hereby acknowledged, Willi= x. Wbyburn and Marie, B. Mlyburn, his wife hereinafter referred to as Grantors (whether one or more), do hereby grant and convey unto COLONIAL PIPELINE COMPANY, a Delaware corporation, its successors and assigns, hereinafter referred to as Grantee, an easement for a pipe line right of way with the right to construct, maintain, inspect, operate, protect, replace, repair, change the size of, and remove a pipe line for the transportation of liquids and/or gases, upon and along a route to be selected by Grantee, said right of way being (50 r ) feet in width 7r, on, over, and through the following described lands, of which Grantors warrant they are the owners in fee simple, situated in Chatham County, State of North Carolina to -wit: Being 249 acres more or less, deeded to William M. Whyburn, dated January 24, 1962 and recorded in Book 274, Page 4� Chatham County Registry. (NOTWITHSTANDING anything herein to the contrary, this right of way easement is executed for the sole purpose of granting Colonial Pipeline Company t ere right and privilege of locating its second pipeline 100 feet. more or less, down stream on the Haw River from the location of the first pipeline and such seieration between the two lines shall extend for no greater distance than 800 feet from the river bank. Otherwise the seperation will be no greater will be no rr�:,ater than 25 feet. together with the right of unimpaired access to said pipe line and the right of ingress and egress on, over, and through Grantors' above -described land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted hereunder, with the further right to maintain said right of way herein granted clear of trees, undergrowth, and brush. Grantors covenant and agree that they will not impound water or construct buildings or structures of any type whatsoever on the above described right of way strip. This shall be a covenant running with the land and shall be binding on Grantors, their heirs and assigns. In addition to the above consideration, Grantee agrees to repair or to pay for any actual damage which may be done to growing crops, timber, fences, buildings, or other structures directly caused by Grantee exercising any rights herein granted; provided, however, after the first pipe line has been installed, Grantee shall not be liable for damages caused on the right of way by keeping said right of way clear of trees, undergrowth, brush, structures, and obstructions in the exercise of its rights granted herein. Any pipe line constructed by Grantee across any portion of the above -described land which is under cultivation shall, at the time of the construction thereof, be buried to such depth as will not interfere with Grantors' use of said land for normal cultivation required for the planting and tending of crops; except that Grantee, at its option, may construct its pipe line above — ­.,....r — ­,....r — —u —.A. .+,.. , ­ i, Hitch nr other watercourse. It is agreed that any payment hereunder may be made direct to said Grantors. or any one of them, or by depositing such payment to the credit of said Grantors, or any one of them in the— — — — To — — Bank of - — — — — — — — — — and payment so made shall be deemed and considered as payment to each of said Grantors. The rights herein granted are divisible and assignable in whole or in part. The terms, covenants, and provisions of this right of way easement shall extend to and be binding upon the heirs, ex- ecutors, administrators, personal representives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said rights and right of way, easements, estates, and privileges unto the said Grantee, its successors and assignees, so long as said right of way and easements are used for the purposes granted herein. If any additional clearing is necessary for the construction of said additional pireltn�, actual damages Wt1:1 be paid or su,11 area — ing- is anticipated, except in the Haw River crossing area for reasonable necessary work IN WITNESS WHEREOF, the Grantors herein have hereunto set their hands and seals this 3rdday of March 1966 William M. Whyburn' Signed, sealed, and deli in presence of: ic� ^L - 1a-r_llvr - _(Seal) (Seal) Grantors 5)5 12 7i INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF vaKe SS I do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument Witness my hand and official seal this, the_ _day of 19— My term of office expires on the day of _ Notary Public 19 rn o m oo>. - ?C z r <� S� al INDIVIDUAL ACKNOWLEDGMENT rn .,I ty I^ 4 z ft1 STATE OF NORTH CAROLINA } l SS M O COUNTY OF-- _ Cn W -1 O ---1 do hereby certify that- 2 personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this, the day of 19 . I My term of office expires on the_ .— day of Notary Public Book 314, page 372 PROOF BY SUBSCRIBING WITNESS STATE OF NORTH CAROLINA SS COUNTY OF ry I 3 �' 1 L •i �� fie` '� Lti c -� of�� _—County, state of - certify that Llar0"02 gfl J� _. personally, ippeared before me this day, and being duly sworn, stated that in his presenter c c: "• — _ y = y— n ?A4 �` } 1, ( -/). th f Gpltness i-�pnd-iddxpfftc3a1 aeal "' ' / e pMy -te?u% of ,`Duce :*Wres on the - ' t . 77 , 19 day of 'u �. e oregomg mstrumen t. of Notary Public ITORTIi CAROLINA: CHATHAH COULITY The forer-roinrr certificate of �o�y, 1 pis a jtI Beta a 4be correctrLe es rumen ;.Iith this certificate be refristered.This the y- day of Q 1966. e.. Clerk SU:Derior C r �e�iuCra ioxtat �`y'� o'clock ,�i1;� on 1��, and re "istered in B• _ ,T Deeds . - 1 .9 U 0 4 34 ' 1 RIGHT OF WAY EASEMENT Book 413 Page 521 690 FOR AND IN CONSIDERATION OF Ten and 00/100------- DOLLARS is 10.00 1 the receipt and adequacy of which 6 hereby acknowledged, Clifton T . Whyburn and wife, Kay Paul Whyburn hereinafter referred to as Grantor (whether one or morel, do hereby grant, bargain, sell, convey, and warrant onto COLONIAL PIPELINE COMPANY, a Delaware corporation, its successors and assigns, hereinafter referred to as Grantee, an indefeasible easement for a pipeline right of way with the right to construct, maintain, inspect, identify, operate, protect, replace, repair, change the size of, and remove, a pipeline and appurtenances, including marker, for the transportation of liquids, gases, solius, andlor mixtures of any or all thereof, upon and along a route to be selected by Grantee, said right of way being 5 0 feet inwidth andextending 15 feet from the northerly side and 35 feet from the southerly side of the center line of the pipeline installed hereunder, together with the right touse a strip of land f) feet in width adjacent to the said right of way (upon the side thereof selected by Grantee) and running the length thereof, as temporary work space during construction of said pipeline, on, over, and through the following described lands, of which Grantors wurrent they are the owners in fee simpie, situated in C h a t ham County. State of North Carolina, to -wit: Being 255.7 acres, more or less, as described in that certain deed from Marie Barfield whyburn to Clifton T. Whyburn dated August 10, 1973 and recorded in Deed Book 375, Page 720 of the Chatham County Registry. (NONwITHSTANDING anything herein to the contrary, this right of way easement is executed for the sole purpose of granting Colonial Pipeline Company the right and privilege of locating_ its third pipeline 100 feet, more or less, upstream on the ;'aw River from the location of the most northerly pipeline of Colonial's existing, two (2) pipelines and such separation between said pipeline and the existing most northerly pipeline shall extend for no greater distance than 600 feet from the riverbank. Otherwise the separation will be no greater than 20 feet.) j U. t K; together with the right of unimpaired access to said pipeline and the right of ingress and egress on, over, and through Grantor' abovedeseribed land for my and all purposes necessary and incident to the exercim by said Grantee of the rights granted hereunder, with the further right to maintain said right of way herein granted clear of trace, undergrowth, and brush. Grantors covenant and agree that they will not impound water or construct buildings, structure, engineering works or other obstructions of my type whatsoever on the above described right of way strip unless authorized in writing by Grantee. The Grantor agree to leave such pipelines undisturbed as to location and depth. These sball be covenants running with the land and shall be binding on Grantor, their heir and assigns. In addition to the above consideration, Grantee agrees to repair or to pay for any acmai damage which may be do- to growing crops, tunber, fences, buildings, or other strucures directly caused by Grantee exercising any rights herein granted; provided, however, after the pipeline has been installed, Grantee shall not be liable for damages caused on the right of way by keeping said right of way clear of tree, undergrowth, brush, building., structures, engineering works and obstructions in the exercise of its rights granted herein. The pipeline constructed hereunder by Grantee across any potion of the above-descrihed land which is under cultivation shall, at the time of the construction thereof, be buried to such depth as will not interfere with Grantors use of said land for normal cultivation required for the planting and tending of crops; except that Grantee, at its option, may construct its pipeline above the channel of any natural or man-made stream, ravine, ditch or watercourse. It is agreed that my payment hereunder may be made direct to said Gramme, or my one of them, or by depositing such payment to the credit of said Grantors, or my me of them. in the each of said Gramme. Bank of and payment so made shall be deemed and considered as payment to Delay of Grantee in the use or exercise of my right or easement hereby granted, or in laying or installing the pipeline in or along said right of way, shelf not result in the loss, limitation or abandonment of any of the right, title, interest, easement or estate hereby granted. The rights berein granted are divisible and assignable in whole or in part. The terms, covenants, and provisions of this right of way easement shall extend to and be binding upon the heir, executor, administrator, personal representatives, successors, and maigns of the parties hereto. TO HAVE AND TO HOLD said rights and right of way, easement, estate and privileges over, in, through, and to the above -described land unto the said Grantee, its succeseors and assigns, forever: and Gramme do hereby bind themselves and their respective heirs, successors, exemtots, administrators, and maigue to warrant and forever defend all and singular said rights and easements unto said Grantee, its suecemors and assigns, and against every person whomsoever lawfully claiming or to claim the same or my part thereof, except as to restrictions and easements of record, if my. IN WITNESS WHEREOF, the Grantor herein have hereunto set their hands and seals this 2d day of May , 1978 SiEmed...led and deiivAin the presevc_ & / UAMES C. MCBRIDE (/euu[rfy,-,jVrAy My Commission Expires MAY 13, J:9,7A ACCE QNIAL PIPELINE CO. �Y E. L. Bishop ,,Zl Z (Seal) Cli, Wh burn ✓� - (Seal) Kay Paul Why ran (Seal) GRANTORS NC 3413-IA 17.771 LACKNOWLEDGEMENT Y INDIVIDUAL GRANTORISI STATE OFXf8( 9Vx%?rXATexas COUNTYOF__ Harris Book 413 Page 522 1 James C . McBride a Notary Public for said County and State, do hereby certify that 'K ,- R and_�Cylifton T. Wh burn �� personally appeared before me this day and acknowledged the due execution of the foregoing instrument. a: WITNESS an. hand an,[ nrearial seal. this 1 1 th day of -May . ,178 E� 4 y Notary Public 13 P9ay 1978 Sit' mmini.ew,r, expir.•a DAMES C, WBRIDE Notay Publk In and for Barris County, TexA I Affx N1>tarial deal) Aty Commission Expires MAY 13. 19ZR NORTH CAROLINA, CHATHAM COUNTY The foregoing certificate(s) of ------ James.-_ Q-.--_McBride-,__a_No'( art' --- ---- - - ------ ------ -- ............. . ............. ig (are) certified to he correct. This instrument was presented for registration aP iOQ..cloek A.M, tm May 26 ...... ............. 19_78---, and recorded in Book.__ 413. - — � Fags 521 _.. . FLEET BARBER REDDISH By: Register of Deeds Deputy .- . .... - 219.a Nowt' Public — My commission expires IAfffx Notarial Seal) ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS (ONLY ONE REQUIRED) STATE OF NORTH CAROLINA COUNTYOF 1. - _. , a Notary Public for said County and State, do hereby certify that personally appeared before me this day, and being sworn, stated that in h presence signed* (acknowledged the execution of)* the foregoing instrument. W ITNESS my hand and notarial seal the day of _ _ . 19 Notary Public My commission expires I Afr. Notarial Seal1 *NOTE: Strike out the words not applicabM. ACKNOWLEDGEMEN T BY CORPORATE PRESIDENT OR VICE PRESIDENT STATE OF NORTH CAROLINA COUNTY OF This day of __— , 19 , personally came before me President d d who, being by me duly sworn, says that he is the President of _ and that the seal affixed to the foregoing instrument in writing is the corporate seal of said corporation, said writing was signed and sealed by him in behalf of said corporation by its authority duly given. And the said acknowledged the said writing to be the act and deed of said corporation. Notary Public My commission expires ;N (Affix Notarial Sea]) PCN FORM ATTACHMENT B — IPaC Official Species List United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0088968 Project Name: CPC Line 22 Exposure UT Trib Haw River June 02, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 06/02/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 06/02/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 06/02/2023 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 06/02/2023 PROJECT SUMMARY Project Code: 2023-0088968 Project Name: CPC Line 22 Exposure UT Trib Haw River Project Type: Pipeline - Onshore - Maintenance / Modification - Above Ground Project Description: Pipeline exposure maintenance Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.79195745,-79. 17080358038183,14z Counties: Chatham County, North Carolina 06/02/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 FISHES NAME STATUS Cape Fear Shiner Notropis mekistocholas Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6063 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 STATUS Candidate 06/02/2023 4 FLOWERING PLANTS NAME Harperella Ptilimnium nodosum No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3739 STATUS Endangered CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 06/02/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10 and Alaska. https:Hecos.fws.gov/ecp/species/9399 06/02/2023 BREEDING NAME SEASON Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25 and Alaska. Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20 and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. 06/02/2023 3 How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Non-BCCe Jill ++11111111111111 mill Jail ++IN 111111111+1+ 1+11 Vulnerable *** Black -billed ++++ ++++ ++++++• +ttt + +++ ++++ ++++ Cuckoo 06/02/2023 4 BCC Rangewide (CON) Chimney SwiftI �qIIIIJI111 Till Jill *�p Jill ll$+ ++++ ++++ BCC Rangewide (CON) Will Eastern Whip -Poor- ++++ ++++ ++++ ++++ ++++ ++++ ++++ BCC Rangewide (CON) Kentucky Warbler �1+1 Jill+ + I I I I I I I 1 1 1 1 11 1 1 I I I I 1 I I I BCC Rangewide (CON) Prairie Warbler ++++ ++++ +++ IN "1110M J*++ ++++ BCC Rangewide ++ ++++ +++ ........... (CON) Emb. Prothonotary Jill 11i111i�11111111Jill Jill 111111-1111111111 BCC Rangewide (CON) Red-headed 1111111167 1*+ Jill 177i Woodpecker +*,++ +10+ +1+� ���� + +,+1 +„s +,++ ++11 1,+1 BCC Rangewide (CON) Rusty Blackbird ++++ ++++ ++,+++++ ++++ ++++ ++++ ++++ ++++ ++++ +,++ BCC -BCR Wood Thrush BCC Rangewide ++++ ++++ ++++ +011111111111++1 +1++ +$1$&++ ++++ ++++ (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidinp--and-minimizinp--incidental-take-mip-ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits 06/02/2023 5 may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL)Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 06/02/2023 6 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, 06/02/2023 should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 06/02/2023 IPAC USER CONTACT INFORMATION Agency: Corblu Ecology Group Name: Michael Barfield Address: 3225 South Cherokee Lane, Bldg. 800 City: WOODSTOCK State: GA Zip: 30188 Email mbarfield@corblu.com Phone: 6782152742 PCN FORM ATTACHMENT C — NRHP Map 9 *pie N x .10; F yyjj 1 L NW; 49 Tilt Line 22 Exposure 35.79252553, 79.17271009 N.. t• , � r' :ti-- ' • -'.:-ate l: r • �Mr Jvz- Zr Legend Line 22 Exposure Location +' CPC Pipeline " F =�. *� ".f- •_ _ 'rY, O NCHPO points w� Base Map Source: ESRI Aerial Imagery 0 500 1,000 2,000 Feet 1:12000 Colonial Pipeline Company, SE NC HPO and NRHP Map Line 22 Exposure b l C o Project No. 02-041901-122 Chatham County, North Carolina ECOLOGY GROUP, PCN FORM ATTACHMENT D — FEMA/FIRM Map Base Map Source: ESRI Aerial Imagery 1:12,000 0 500 1,000 2,000 Feet Colonial Pipeline Company, SE Line 22 Exposure Chatham County, North Carolina corblu ECOLOGY GROUP' FEMA/FIRM Map Project No. 02-041901-122