The URL can be used to link to this page

Home My WebLink About20231091 Ver 1_NCDEQ 401 submittal Line 22 Shallow Cover Brook Green Rd Chatham Co. NC_20230804corblu ECOLOGY GROUP August 4, 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. 02-041901-001 Line 22 Shallow Cover 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) to perform required preventative pipeline maintenance on their Line 22. Specifically, shallow cover on CPC's Line 22 has been detected which requires restoration in an unnamed intermittent stream, within CPC's right-of-way (ROW). The pipeline's shallow cover is located within CPC's existing ROW southeast of the Old Graham Road and Brook Green Lane intersection in Chatham County, North Carolina (35.79738508,-79.19183271; Figure 1). Based on our evaluation of the maintenance location, we believe that the temporary and permanent disturbances to waters of the U.S. associated with this required maintenance activity are authorized by the U.S. Army Corps of Engineers (USACE) under Nationwide Permit (NWP) No. 3 (a) and (c) — Maintenance. Further, the limited disturbance to the unnamed intermittent stream (i.e., jurisdictional waters), to complete the required pipeline maintenance does not require notification to the USACE prior to initiation of the work; however, 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 February 28, 2023. Specifically, Corblu surveyed the above maintenance location in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual', and the appropriate U.S. Army ' Environmental Laboratory. Corps of Engineers Wetlands Delineation Manual. U.S. Army Corps of Engineers, Washington, D.C. 100 pp. plus appendices. 1987. 1 1 South3225 ■ - 800, ■ ■ • ■30188 ful • ■ ■ Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 22 Shallow Cover August 4, 2023 Corblu Project No. 02-041901-001 — Chatham Co. NC 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 intermittent stream (S1)] were observed at the Line 22 Shallow Cover maintenance location (Photograph Nos. 1-4; Figures 2A and 2B). Additionally, an unnamed intermittent stream (S2) was observed within the CPC ROW which will be temporarily crossed (i.e., bridged) to access the maintenance location from Brook Green Lane (Figures 2A and 3). Due to recent high flow events bed/bank erosion has occurred within the unnamed intermittent stream resulting in the displacement of protective cover (i.e., stream substrate) within CPC's ROW resulting in shallow cover over Line 22. The lack of sufficient pipeline protection at this location has resulted in conditions where the pipeline is 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). 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. ' 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 Shallow Cover August 4, 2023 Corblu Project No. 02-041901-001 — Chatham Co. NC 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 Brook Green Lane onto CPC's existing, mowed, and maintained ROW (Figure 3). Prefabricated mats placed above the ordinary high-water mark of S2 will be used to temporarily cross (i.e., bridge) S2 to access the maintenance location (Appendix B). At the forementioned maintenance location, CPC will initially inspect Line 22, followed by the replacement of the required minimal protective cover over the pipeline using Submar pre -cast revetment mats and rip rap to remediate the streambed/bank erosion. More specifically, CPC intends to conduct the following: 1) Temporarily isolate the maintenance location from stream flow; 2) excavate the eroded area on Line 22; 3) inspect and make repairs to Line 22 as necessary; 4) backfill the excavation area; and 5) 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 S1 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 Cyl4l 161►IT/ Rip rap will be used above/below the mat system and along the stream banks for additional stabilization. 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 S1. Permanent impacts include approximately 85 linear feet (LF; 0.0044-acre) (60 LF of Submar mats and 25 3 Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 22 Shallow Cover August 4, 2023 Corblu Project No. 02-041901-001 — Chatham Co. NC LF of rip rap). Temporary impacts include approximately 60 LF [30 LF (0.0015-acre) upstream; and 2) 30 LF (0.0015-acre) downstream] of S1 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 85 LF (0.0044-acre; Submar mats/rip rap)] within S1. As mentioned above, temporary impacts include approximately 60 LF (0.003-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 2, 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. The proposed required maintenance activity is located within the Cape Fear River Basin which is not a Riparian Buffer Rule Area. 11 Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 22 Shallow Cover August 4, 2023 Corblu Project No. 02-041901-001 — Chatham Co. NC 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: Not Applicable. • Stream Impacts: See Appendix C. 5 Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 22 Shallow Cover August 4, 2023 Corblu Project No. 02-041901-001 — Chatham Co. NC Summary and Conclusion In summary, the pipeline maintenance activity will result in permanent and temporary impacts to S1. Permanent impacts include approximately 85 linear feet (LF; 0.0044-acre) (60 LF of Submar mats and 25 LF of rip rap). Temporary impacts include approximately 60 LF [30 LF (0.0015-acre) upstream; and 30 LF (0.0015-acre) downstream] of S1 for temporary workspace/grading associated with restoring 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 Senior Ecologist Richard W. Whiteside, PhD, CWB, CSE President Enclosures: Figure 1 — Site Location Map Figure 2A — Jurisdictional Features and Photograph Overview Figure 2B — Jurisdictional Features and Photograph Map Figure 3 — Vicinity Map Figure 4A— USDA NRCS Soils Map Figure 4B — USDA Soils Map Photographs (4) Appendix A: NCDWQ Stream Forms Version 4.11 Appendix B: Typical Prefabricated Mat Stream 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 AJ Nf • � fr. �-- - 7 � n t. •mot � - �� , ��.� Old Graham Road Brook Green Lane Line 22 Shallow Cover — - 35,79738508,-79.19183271 Legend •l� J Line 22 Shallow Cover l r _ _ � ' �� -_ - - �- f CPC Pipeline Road Centerlines Base Map Source: USA Topo Maps 1:24,000 o 1,000 2,000 4,000 Feet Colonial Pipeline Company, SE Figure 1 Line 22 Shallow Cover c o o l u Site Location Map Chatham County, North Carolina l ECOLOGY GROUP Project No. 02-041901-001 Base Map Source: ESRI Imagery 0 150 300 600 Feet GPS Data Collected: 2/28/2023 1 :3 500 Colonial Pipeline Company, SE Line 22 Shallow Cover Chatham County, North Carolina ccrolu ECOLOGY GROUP' Figure 2A Jurisdictional Features Overview Project No. 02-041901-001 40 f•Jk zx� Line 22 Shallow Cover - 35.79 738508, - 79.191832 71 • r - r f Access via Brook Green Lane •-a - , s ' Unnamed Intermittent Stream (S1) , �� :�� • approximately 80 linear feet .'• within the CPC ROW Photograph No. 4 Photograph No. 1 • s �... Photograph No. 2� ` Photograph No. 3 ' } ! r• ., Legend r /a Line 22 Shallow Cover CPC Pipeline r s Project Area Site Access - Intermittent Stream 'Si -sR Photograph Locations Base Map Source: ESRI Aerial Imagery GPS Data Collected: 2/28/2023 1 . 000 0 40 80 160 Feet Colonial Pipeline Company, SE Figure 2B Line 22 Shallow Cover Jurisdictional Features and corblu Photograph Map Chatham County, North Carolina ECOLOGY GROUP Project No. 02-041901-001 Base Map Source: ESRI Aerial Imagery 0 250 500 1,000 Feet GPS Data Collected: 2/28/2023 1 :6 000 Colonial Pipeline Company, SE Line 22 Shallow Cover Chatham County, North Carolina *Nk. �S ccrblu ECOLOGY GROUP Figure 3 Vicinity Map Project No. 02-041901-001 - �� r tir— Zm •rer � � +• B LE NBC w.o w � x WA YYF rr101 w•a era OW 140 �, MhC MM �lh4 1Fr9 MBE t� IT. =r U _1 i41 N47 W I. �P WEE B� Line 22 Shallow Cover rB IN 35.79 738508, - 79.191832 71 MIND R16C t?� ow NCR R x� @Na TP on DID RILE eta SIC ¢ tW ■ H� PIN, RILE P19 t") CY ft: sk-F 4C A Y slo U MtE NINE � RILE � lie W tt — Nu no Nu NaG tC GkC �''•" HuD . WE Vt GIr3 SIC ft: 4WD Nw , Do +r� Legend..r ca � N LC N � INC =� n Line 22 Shallow Cover µo m NO 7 CPC Pipeline NO -110 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 Figure 4A Line 22 Shallow Cover c o r b l u USDA NRCS Soils Map Chatham County, North Carolina ECOLOGY GROUP Project No. 02-041901-001 r Y * is �'.,'''r yZ Bat---, GkD• f Legend Line 22 Shallow Cover ';• CPC Pipeline Project Area Soils BaE - Badin-Nanford complex, 15 to 30 percent slopes GaB - Georgeville silt loam, 2 to 6 percent slopes GaC - Georgeville silt loam, 6 to 10 percent slopes GkD - Georgeville-Badin complex, 10 to 15 percent slopes GkE - Georgeville-Badin complex, 15 to 30 percent slopes NaC - Nanford-Badin complex, 6 to 10 percent slopes NaD - Nanford-Badin complex, 10 to 15 percent slopes Base Map Source: ESRI Aerial Imagery Soils Data: USDA NRCS Web Soil Survey Download 7/28/2023 1 :6 000 Colonial Pipeline Company, SE Line 22 Exposure c o l b l LJ Chatham County, North Carolina ECOLOGY GROUP Alf IL 0 237.5 475 Figure 4B USDA Soils Map Project No. 02-041901-001 950 Feet Section 401 Water Quality Pre -Construction Notification Photographs taken on 2/28/2023 Colonial Pipeline Company — Line 22 Shallow Cover Corblu Project No. 02-041901-001- Chatham Co. NC Section 401 Water Quality Pre -Construction Notification Photographs taken on 2/28/2023 Colonial Pipeline Company — Line 22 Shallow Cover Corblu Project No. 02-041901-001- Chatham Co. NC APPENDIX A NCDWQ STREAM FORM VERSION 4.11 NC DWQ Stream Identification Form Version 4.11 Date: 2/28/2023 Project/Site: CPC Line 22 Latitude: 35.797385 Evaluator: Michael Barfield county: Chatham Longitude: _79.191832 Total Points: Stream is at least intermittent 20.5 Stream Determination (circle one) Ephemeral Intermittent Perennial Other Bynum if> 19 or Perennial if>_ 30" e.g. Quad Name: A. Geomorphology (Subtotal = 7 ) Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 3 2. Sinuosity of channel along thalweg 0 X 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 X 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain X 1 2 3 6. Depositional bars or benches X 1 2 3 7. Recent alluvial deposits X 1 2 3 8. Headcuts X 1 2 3 9. Grade control 0 (X 1 1.5 10. Natural valley 0 CX 1 1.5 11. Second or greater order channel NX 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 7.5 ) 12. Presence of Baseflow 0 1 X 3 13. Iron oxidizing bacteria 0 X 2 3 14. Leaf litter 1.5 X 0.5 0 15. Sediment on plants or debris X 0.5 1 1.5 16. Organic debris lines or piles 0 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes)< 3 C. Biology (Subtotal = 6 ) 18. Fibrous roots in streambed X 2 1 0 19. Rooted upland plants in streambed 3 X 1 0 20. Macrobenthos (note diversity and abundance) X 1 2 3 21. Aquatic Mollusks X 1 2 3 22. Fish X 0.5 1 1.5 23. Crayfish 0 1 1.5 24. Amphibians 0 1 1.5 25. Algae X 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 OXer = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: I_1»A►191K14 3 IVAULI 0:1NNUFA NIffillIAIIkvi Fill I&IIINNEIkv,to] :163*11►[7 D� v v 1 -,> w v v ,D� wv v ,;� w Q. ,,;�1?v 1 , ,,;) 70, o0,?v0 o 1 0 o, ,? 1 PREFABRICATED I o, J Q, 0 O o , 'o0 1 MAT I o' 0 °1? 0 °off °o o' ' ' ,�°o o' ° %>°o Q o OQo "0 , 0 1 , , � , 0 0 0 0 1 0 0 . o o, 0 1 0 0 0 1 RETAIN A MINIMUM 10' o o°,7 I VEGETATIVE BUFFER 1 o° o o° o 7. o I TO EXTENT POSSIBLE 1 , , 0 0 , , 0 , 0o 0o 1 0 '� � '� _ 0 0 . o o 0 — — 170 Q , Q , I? ° ° ST 1o°°°'�'? o o°�o 0 , v '� � * 1 _ REAM gANK , v '� � * � , v '� � * � , v _ 1— ... 0 0 v v ,? —.. _ v v Q v v, STREAM CE/vTERC�NE—...;...—...�,.. ' 0 Q0Q 0 ' v 1 �.•,� 1 ° o ° o , ID 0 ° , °o o0 1 1 ,�°o o�'�° ,}°o Q 0 , o00� 1 , o0, , o0�Q0 , o 110 1 �, `� o Q om, ° 1 0 ° �Q 0 0 ° �° , 0 � o, o1 0, � o D ,0 1 1 ,7 ,7 , ,7 ,7 , 7 ,7 ,}Q o 0 1 ,} o o ,} o o , o Qom, ° ' 1 , ° , Q0 �'�, °�'�' o % o, ' o 1 1 ' Q o o ,° ,° 0 Q00 v' Q 0 o Q 0� v 1 1 o 0 %>Q :,o, ' o 'D ° 1 Q wo ° 1 PREFABRICATED ° Q 1 MAT , 0 D 1 Q, Q ' 0 7 1 o Q 1 TOP OF WATER 0 0 Q,7 7, o':) 1 Q ° 1 o 1 BANK/ORDINARY ' N HIGH WATER MARK ND 0 1 10 5 0 10 Feet �.� Typical Colonial Pipeline Company Stream Crossing Typical ,� i � corblV Prefabricated Mat ECOLOGY GROUP Stream Crossing I_1»mI►1911:(61 1-ill 3►vi/elA91*1mkiIUWilki P .� � . / . ! _ fol =