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HomeMy WebLinkAbout20231200 Ver 1_Final Package_401 WQC_Line 4 Exposure, RockinghamNC_20230825corblu ECOLOGY GROUP August 25, 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 Rockingham County, North Carolina Line 4 Exposure Corblu Project No. 02-041901-786 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 Line 4, needed to restore required pipeline protective cover within an unnamed perennial stream in CPC's right-of-way (ROW). The pipeline exposure is located within CPC's existing and maintained ROW southeast of the Pecan Road and West Harrison Street intersection in Rockingham County, North Carolina (36.358547,-79.694905; Figure 1; Appendix A). Based on our evaluation of the subject site and proposed maintenance design, we believe that 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. This NWP does not require notification to the USACE prior to initiation of the work as the maintenance activities result in less than 0.02-acre of perennial stream loss (i.e., 0.0044-acre); however, disturbance to the perennial streambed exceeds 40 linear feet (LF), which requires 401 Water Quality Certification from the North Carolina Department of Environmental Quality (DEQ) prior to the initiation of the proposed work. Background Corblu inspected the above referenced exposure maintenance location for the presence of jurisdictional waters of the U.S. on July 5, 2023. Jurisdictional features (one unnamed perennial stream) were observed id Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 4 Exposure August 25, 2023 Corblu Project No. 02-041901-786 within the project area (Photograph Nos. 1-3; Figure 2). No additional features were observed, and the remainder of the project area is comprised of uplands (Photograph Nos. 4-5). Recent significant precipitation events have resulted in bed and bank erosion in the unnamed perennial stream within CPC's ROW, exposing Line 4. The lack of required pipeline protection at this location has resulted in conditions that have left Line 4 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 [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 in a way 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. 2 Section 401 Water Quality Pre -Construction Notification August 25, 2023 Colonial Pipeline Company — Line 4 Exposure Corblu Project No. 02-041901-786 Proposed Activities in Jurisdictional Waters The maintenance location will be accessed through CPC's existing, mowed, and maintained ROW from West Harrison Street (Figure 3). Temporary prefabricated mats will be used to cross the unnamed perennial stream, if necessary, within CPC's ROW to access the maintenance location and operate equipment (Figure 3; Appendix B). CPC intends to inspect Line 4 and replace the required minimal protective cover over the pipeline using Submar revetment mats and riprap to remediate the perennial streambed/bank erosion associated with the pipeline exposure (Appendix A). To re-establish the required pipeline protective cover, CPC intends to conduct the following: 1) excavate Line 4; 2) inspect and make repairs to Line 4, as necessary; 3) grade the site for mat installation; 4) install the pre -cast revetment mats and riprap above and below the mats, which will be "keyed" into the perennial streambed/banks in a manner that will re-establish pre -erosional contours and elevations of the streambed, providing the required pipeline cover and maintain existing flow conditions; and 5) re -seed with native seed mix and straw the surrounding disturbed area (Appendix A). To minimize sedimentation to the unnamed perennial stream during the above -mentioned maintenance activity, dams constructed of sandbags, steel plates, or water -inflatable plastic dams (i.e., no earthen dams) will be temporarily placed from top -of -bank to top -of -bank 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 C). The excavated ordered soils will be temporarily stored on geotextile (or similar) material in the adjacent wetland area within CPC's ROW. Riprap placed on an erosion control blanket (geotextile fabric) will be employed to stabilize the revetment mats in a manner where the finished top elevation of the riprap does not exceed that of the streambed elevation. Once the required minimal protective pipeline cover (pre -cast revetment mats) is keyed into the perennial streambed/banks in a manner that maintains existing grade and low and normal flow conditions of the stream, the temporary dams will be removed and normal streamflow will be restored (Appendix A). CPC's standard erosion control practices will be employed (Appendix D). Specifically, as stated above the disturbed areas along the perennial stream banks will be reseeded with native seed mix and straw to stabilize the recently disturbed soils. 3 Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 4 Exposure August 25, 2023 Corblu Project No. 02-041901-786 The proposed maintenance activity includes work within the unnamed perennial stream. Specifically, the above -described maintenance activity will require unavoidable impacts to approximately 90 linear feet (LF; 0.0067-acre) of unnamed perennial stream [approximately 55 LF (0.0044-acre) of permanent impacts (riprap and revetment mats) and 35 LF (0.0023-acre) of temporary workspace] within CPC's existing and maintained ROW (Appendix A). Corblu respectfully requests 401 Water Quality Certification for the required maintenance activities and the aforementioned, unavoidable minimal perennial stream impacts. The appropriate figures and photographs are enclosed for your review. 401 & Buffer Permitting PCN Submittal Checklist We have provided the following information to document compliance with the requirements outlined in the PCN Submittal Checklist (Appendix E). 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 pre -filing meeting request was submitted to 401 PreFile@ncdenr.gov on July 25, 2023. A copy of the 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 have been included with this submittal (Appendix F). 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 and is exempt from the Jordan Lake Water Supply Watershed Buffer Rule as a "present and ongoing use" [North Carolina Administrative Code 15A NCAC 02B .0267(6)]. If your project is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form: Details for on -site diffuse/dispersed flow provisions Not Applicable — The maintenance project is located within the Roanoke River Basin which does not have a state riparian buffer protection program. DWR Stream Determination Forms for streams on property and DWR determination letter for wetlands or streams (if applicable) Not Applicable — The referenced forms are for buffer determinations. The proposed required maintenance activity is not within a riparian buffer rule area. 11 Section 401 Water Quality Pre -Construction Notification August 25, 2023 Colonial Pipeline Company — Line 4 Exposure Corblu Project No. 02-041901-786 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 A. • Pre-construction/Pre-existing conditions: See Appendix A. • Proposed conditions: See Appendix A. • Drainage Plans: Not Applicable. • Proposed Impacts: See Appendix A. • Wetland Impacts: See Appendix A. • Stream Impacts: See Appendix A. Summary and Conclusion In summary, the above -described pipeline maintenance activity will result in unavoidable permanent impacts to approximately 55 LF (0.0044-acre) of unnamed perennial stream as authorized under the USACE NWP No. 3(a) and (c). The project was designed to avoid and minimize stream impacts to the 5 Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 4 Exposure August 25, 2023 Corblu Project No. 02-041901-786 maximum extent practicable and represents the least environmentally damaging, practicable alternative that satisfies the project purpose for preventative pipeline maintenance and protection. 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 Mackenzie S. Wallace, CAE Project Ecologist Richard W. Whiteside, PhD, CWB, CSE President Enclosures: Figure 1 — Site Location Figure 2 — Jurisdictional Features and Photo Locations Figure 3 — Vicinity and Access Map Figure 4A— USDA NRCS Soils Map Figure 4B — USDA Web Soil Survey Map Photographs (5) Appendix A: Submar Design Plans Appendix B: Typical Prefabricated Mat Crossing for Streams Appendix C: Typical Dam and Pump Maintenance Dig Appendix D: CPC Soil Erosion and Sediment Control Plan Appendix E: 401 & Buffer Permitting PCN Submittal Checklist Appendix F: USACE Wilmington District PCN Form, with Attachments A - F c: Mr. David Foust, CPC Project Manager, via email Mr. John Wyatt, CPC Environmental Lead-SED, via email Mr. David Reedy, CPC Environmental Specialist, via email AJ 1 _ , /� • a ♦ • r V • • • • • _ West Harrison Street - -- Ile - 7.4 - Pecan Road • d duo y. --1 �� . •; - � `tWFR _XA _ • • • �., v Line (36.358547, 4 Exposure ` • -79.694905) �• • •i T= t40rii • } PiE • • �2413 ir� • • � \,_ � � `/� , ,fig sea • r • + • t Legend NC CPC Pipeline _ti _ • • - Line 4 Exposure • • 9J •N _ Base Map Source: USA Topo Maps 1:12,000 0 550 1,100 2,200 Feet Colonial Pipeline Company, SE n Figure 1 Line 4 Exposure � I � lu Site Location Rockingham County, North Carolina ECOLOGY GRO JP Project No. 02-041901-786 r r ON k ` j ' Photograph No. 5 t Y C JL JF Photograph No. 1 Photograph No. 3 , r� f t - Line 4 Exposure (36.358547,-79.694905) �'1f ~ • Photograph No. 4 ' f i� •,Cyr . Unnamed Perennial Stream Approximately 90 linear feet 2 • within CPC's ROW !L� Y Photograph No. 2 - i - � ,►'. � 1 ! 'ate• i� J Legend `' • 1 Approximate CPC ROW •��.��_`�' 1 y:` oo NC CPC Pipeline Line 4 Exposure Perennial Stream ® Approximate Photograph LocationsUA Base Map Source: ESRI Imagery 0 40 80 160 Feet GPS Data Collected: 7/5/2023 1.900 Colonial Pipeline Company, SE 4�N. Figure 2 Jurisdictional Features and Line 4 Exposure o I b I Photo Locations Rockingham County, North Carolina ECOLOGY GROUP Project No. 02-041901-786 Ile I Access via West Harrison Street i ` I �; ..' pow 4va— Ilk _t T Jw "' Line 4 Exposure- (36.358547,-79.694905) G► Unnamed Perennial Stream 1►��, . "fix - •'.'1' ..+ * r � • �0• � ` • E t ;� ., ♦ - 'fit � Temporary prefabricated mats :. i*j •' will be used to cross the unnamed perennial stream to access the Line 4 maintenance location •- �• i 44k Aw ' Legend. Line 4 Exposure4. E r� NC CPC Pipeline . .4`.•'y ~ Approximate CPC ROW Access Route • ` _ Approximate Project Area " r ' ;, V Perennial Stream �' iA `i► ` IVA Base Map Source: ESRI Imagery GPS Data Collected: 7/5/2023 0 45 90 180 Feet 1 . 000 Colonial Pipeline Company, SE i Figure 3 Line 4 Exposure o r b I u Vicinity and Access Map Rockingham County, North Carolina ECOLOGY GROUP Project No. 02-041901-786 RoF 2 Rn F 0 U < 14 r.!-' 1'flU r, 2 Rnr < Rl,%D XkF MK87 R rn F3 -A X, �") f.10 f-k V. J1'.0 kC PnIB Fou'; CC1 P`F 2 1. wlF- /4:, -V X, VJ k F f If C-0 2 kk arl Y, '02 N< 'J Line 4 Exposure (36.358547, -79.694905) f'cV2 COP;, Pao -it t3 T /--A orwood )-A C' L( %V L .3 102 A tia % Legend —A Line 4 Exposure NC CPC Pipeline An Soil Data Source: Natural Resources Conservation 0 1,125 2,250 4,500 Feet Service (NRCS), NCDOT Project ATLAS SWEEP Group 1-24,000 Colonial Pipeline Company, SE n Awl Figure 4A Line 4 Exposure corb I u USDA NRCS Soils Map Rockingham County, North Carolina ECOLOGY GROJP Project No. 02-041901-786 w � CgB2 I ;� fit - ►- ;' "'' : r . ` jr . � �T1 i i •�k r - �•��Y�' FrD2 ``� p,r• �` Y j t �' � ' ••'�,• ` SIG rk 08. ab -e� , iL IdL FrE2 1Y ine Exposure • • , • I • • • I • , � • - , k -"f 1 Y � Legend +-v Line 4 Exposure NC CPC Pipeline 00 Approximate CPC ROW Approximate Project Area Site Soils CgB2 - Clifford sandy clay loam, 2 to 8 percent slopes, moderately eroded CsA - Codorus loam 0 to 2 percent slopes, frequently flooded .� p p q Y � As �• . � {� FrD2 - Fairview -Poplar Forest complex, 8 to 15 percent slopes, moderately eroded FrE2 - Fairview -Poplar Forest complex, 15 to 25 percent slopes, moderately eroded Base Map Source: ESRI Aerial Imagery 0 1.1 45 90 180 Feet Soil Data Source: USDA NRCS Web Soil Survey, ,000 Downloaded 8/18/2023 Colonial Pipeline Company, SE �*"'y Figure 4B Line 4 Exposure o b I u USDA Web Soil Survey Map Rockingham County, North Carolina I ECOLOGY GROUP Project No. 02-041901-786 Section 401 Water Quality Pre -Construction Notification Photos taken on 7/5/2023 Colonial Pipeline Company— Line 4 Exposure, Rockingham County, NC Corblu Project No. 02-041901-786 731 d< -A a, Photograph • North facingview•the unnamed perennial streamflowing • 1 into ROW at the Line 4 exposure location. Section 401 Water Quality Pre -Construction Notification Photos taken on 7/5/2023 Colonial Pipeline Company— Line 4 Exposure, Rockingham County, NC Corblu Project No. 02-041901-786 o > 'R �e Photograph • North facing view of unnamed perennial • • off of ROW at the LineIexposurelocation. Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company— Line 4 Exposure, Rockingham County, NC Photos taken on 7/5/2023 Corblu Project No. 02-041901-786 OF Photograph No. 5: Representative view of upland soils in the access route to the Line 4 exposure maintenance location within CPC's ROW. 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TO EXTENT POSSIBLE ° 7 ° o 7 o o � o � o REAM ° 7 v v '%D v 1 CE�TERC/NE .+...... ,11 ° , o w , 4P 14 1 1 •.... .... 1 0� �...�... 1 Q w e vQ0 , J ' ° 11 o 4P0 , Q , *�,� 1 1 J o,:� vy. owe *�, ° ° I PREFABRICATED 7' ° 0°0 0 1 MAT ° I TOP OF WATER BANK I ORDINARY HIGH o WATER MARK 20 10 0 20 Feet Typical Colonial Pipeline Company Stream Crossing Typical corblu Prefabricated Mat ECOLOGY GROUP Stream Crossing APPENDIX C TYPICAL DAM AND PUMP MAINTENANCE DIG PUMP SUMP W/INTAKE HOSE FILTER/SCREEN OR SUBMERSIBLE PUMP - WATERBODY - SPOIL CONTAINMENT BERM (SILT FENCE, HAY BALES OR OTHER APPLICABLE MATERIALS) � All SPOIL II II - ;III III I I I I ,II II FILTER BAG V/ TROW ENGINEERING CONSULTANTS INC. T - MEOi0P0uiPN BLYO., $OIM 2W rHLN1ASSEE, R., OSP 323M Trout PHONE: (-5 385_5441 REVISION DATE CALE 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 THES0050362 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►[01:4 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) ]85-5441 "ASSEE, R., IISP ]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 APPENDIX D 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 orparticularly 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 with the 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 oflarge 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 must be 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 ofthe 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 E 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) El 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. El One complete copy of the PCN Application and supporting documentation (no larger than 11 X 17 plans if submitting paper copies) N/A 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://deg.nc.gov/about/divisions/energv-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. N/A 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://deg.nc.gov/about/divisions/energv-mineral-and-land- resources/stormwater/stormwater-program/stormwater-design). N/A 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. El 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. El 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. El 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. El 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. N/A 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: 10 Precise grading and final elevation contours must be provided. Existing vegetation and any clearing must be specified. N/A All subsurface utility lines must indicate the location of anti -seep collars. Construction detail for anti -seep collars must be provided. N/A Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. N/A Plans should show that the hydrology of remaining wetlands on the site will be maintained. Stream Impacts: 0 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. N/A 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). N/A 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 N/A 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. N/A 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. APPENDIX F USACE WILMINGTON DISTRICT PCN FORM, WITH ATTACHMENTS A - F NORTH CARCLINA Environmental Quality Water Resources Office Use Only Corps Action I D no. [Click to enter.] Date received: [Click to enter.] DWR project no. Dlick enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 36.358547 Longitude (DD.DDDDDD): 79.694905 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: httos://edocs.dea. nc.aov/WaterResources/DocView.asox?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) : 7/25/2023 Page 1 of 22 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: * Rockingham Additional (if needed). Is this an ARPA project? * ❑ Yes ❑x No If yes, ARPA project number: * The project number can be found on the "Letter of Intent to Fund' (LOIF) or "Offer and Acceptance Letter". If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at core y.basingera(Mcdenr.gov for further assistance. 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. ❑ Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1 a. 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 date. ❑ 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 ): Click to enter. 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. 1 d. 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 Page 2 of 22 PCN Form Version 4.3- April 20, 2022 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 ❑ No 1f. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes ❑x No 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 Concern (AEC)? * ❑ Yes ❑x No ❑ Unknown 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 22 PCN Form Version 4.3- April 20, 2022 B. Applicant Information 1 a. Who is the primary contact? David Foust 1 b. Primary Contact Email: DFoust@colpipe.com 1 c. Primary Contact Phone: (###)###-#### (336) 451-9987 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner ❑x 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.: click to ent� 2c. Contact Person (for corporations): Click to enter. 2d. Address Street Address: Click to ente, 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: David Foust 3b. Business Name (if applicable): Colonial Pipeline Company (CPC) 3c. Address: Street Address: 411 Gallimore Dairy Road Address line 2: Click to entE City: Greensboro State/ Province/ Region: North Carolina Postal/ Zip Code: 27409 Country USA 3d. Telephone Number: (###)###-#### (336) 451-9987 3e Fax Number: (###)###-#### Click to entr 3f. Email Address: DFoust@colpipe.com Page 4 of 22 PCN Form Version 4.3- April 20, 2022 4. Agent/ Consultant (if applicable) 4a. Name: Mackenzie Wallace 4b. Business Name: Corblu Ecology Group, LLC 4c. Address: Street Address: 3225 S. Cherokee Lane Address line 2: Bldg. 800 City: Woodstock State/ Province/ Region: Georgia Postal/ Zip Code: 30188 Country: USA 4d. Telephone Number: (###)###-#### (770) 591-9990 4e Fax Number: (###)###-#### Click to entc 4f. Email Address: mwallace@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/Reg ulatory- Perm it-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 22 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Line 4 Exposure 1 b. Subdivision name (if appropriate): Click to enter. 1 c. Nearest municipality/town: * Reidsville 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 144870 and 143108 2b. Property size (in acres): Click to enter 2c. Project Address: Street Address: Click to enter. Address line 2: Click to enter. City: slick to enter. State/ Province/ Region: North Carolina Postal/ Zip Code: 27320 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 36.358547 Longitude (-DD.DDDDDD): *-79.694905 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Unnamed Tributary to Wolf Island Creek 3b. Water Resources Classification of nearest receiving C water: * The Surface Water Classification map may be found at this link: https:Hncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 Roanoke 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 030101030904 located: * The Find Your HUC map may be found at this link: https:Hncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cd069db238ac3 Page 6 of 22 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: * The site is comprised of CPC's existing mowed and maintained petroleum pipeline right-of-way (ROW). Significant precipitation events have created increased stream flows resulting in bed and bank erosion in the unnamed perennial stream within CPC's ROW, exposing Line 4. The lack of required pipeline protection at this location resulted in conditions that have left Line 4 vulnerable to potential damage. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑x No ❑ 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 4b2. 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 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 90 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: Significant precipitation events have created increased stream flows, resulting in bed and bank erosion in the unnamed perennial stream within CPC's ROW, exposing Line 4. The lack of required pipeline protection at this location resulted in conditions that have left Line 4 vulnerable to potential damage. Further, these conditions are not consistence with CPC's or the U.S. Department of Transportation's (USDOT) regulatory requirements for pipeline protection. CPC proposes to replace the protective pipeline cover over Line 4 using Submar revetment mats and rip rap. These actions serve to protect the existing pipeline and prevent a future exposure from occurring within the unnamed perennial stream. Page 7 of 22 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 through CPC's existing, mowed, and maintained ROW from West Harrison Street (Figure 3). Temporary prefabricated mats will be used to cross the unnamed perennial stream within CPC's ROW to access the maintenance location if necessary, and operate equipment (Figure 3; Appendix B). CPC intends to inspect Line 4 and replace the required minimal protective cover over the pipeline using Submar revetment mats and riprap to remediate the perennial streambed/bank erosion associated with the pipeline exposure (Appendix A). To re-establish the required pipeline protective cover, CPC intends to conduct the following: 1) excavate Line 4; 2) inspect and make repairs to Line 4, as necessary; 3) grade the site for mat installation; 4) install the pre -cast revetment mats and riprap above and below the mats, which will be "keyed" into the perennial streambed/banks in a manner that will re-establish pre -erosional contours and elevations of the streambed, providing the required pipeline cover and maintain existing flow conditions; and 5) re -seed with native seed mix and straw the surrounding disturbed area (Appendix A). To minimize sedimentation to the unnamed perennial stream during the above -mentioned maintenance activity, dams constructed of sandbags, steel plates, or water -inflatable plastic dams (i.e., no earthen dams) will be temporarily placed from top -of -bank to top -of -bank 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 C). The excavated ordered soils will be temporarily stored on geotextile (or similar) material in the adjacent wetland area within CPC's ROW. Riprap placed on an erosion control blanket (geotextile fabric) will be employed to stabilize the revetment mats in a manner where the finished top elevation of the riprap does not exceed that of the streambed elevation. Once the required minimal protective pipeline cover (pre -cast revetment mats) is keyed into the perennial streambed/banks in a manner that maintains existing grade and low and normal flow conditions of the stream, the temporary dams will be removed and normal streamflow will be restored (Appendix A). CPC's standard erosion control practices will be employed (Appendix D). Specifically, as stated above the disturbed areas along the perennial stream banks will be reseeded with native seed mix and straw to stabilize the recently disturbed soils. The proposed maintenance activity includes work within the unnamed perennial stream. Specifically, the above - described maintenance activity will require unavoidable impacts to approximately 90 LF (0.0067-acre) of unnamed perennial stream [approximately 55 LF (0.0044-acre) of permanent impacts (riprap and revetment mats) and 35 LF (0.0023-acre) of temporary workspace] within CPC's existing and maintained ROW (Appendix A). Equipment will include: an excavator, rock truck (for material transport), properly sized dams and pumps, temporary access mats (if necessary), and a welding 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. Click to enter text. Page 8 of 22 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: See Figure 2 for delineation of streams. Temporary prefabricated mats, if necessary, will be used to cross the unnamed perennial stream within CPC's ROW to access the maintenance location and operate equipment (Figure 3; Appendix B). 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): Mackenzie Wallace 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Corblu Ecology Group, LLC areas? Other: Click to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. ,lick to enter. 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. :lick 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. No other NWP(s), regional general permit(s), or individual permit(s) will be used to authorize any part of the proposed project or related activity. 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) See attached easements. 8. Scheduling of activity: Activity will be scheduled in 2023/2024 after approval of this certification. Page 9 of 22 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 i emp/ Perm Choose one Click to enter Y/I\ ;hoose one W2 Choose one Temp/ Perm Choose one :,lick to enter Y/N Choose one 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 Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose 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 22 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 Protective pipeline Permanent Fill (Incl. Unnamed Perennial Both 3 55 covering Riprap) perennial replacement stream S2 Grading/workspace Temporary Other Unnamed Perennial Both 3 35 perennial stream S3 Click to enter Temp/ Choose Click to enter Per/Int 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 ente� rer/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 erns rimer/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 erI« er/Int Choose Click to enter Click to enter Perm one one Page 11 of 22 PCN Form Version 4.3- April 20, 2022 S19 Click to enter Temp/ Choose Click to enter Per/Int Choose Click to enter Click to enter Perm one one 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 0 linear ft impact: 3i2. Total permanent stream 55 linear ft impacts: M. Total temporary stream 35 linear ft impacts: 34. Total stream and ditch 90 linear ft impacts: 3j. Comments: Click to enter. Page 12 of 22 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 dick to ent( Temp/ Perm Click to enter. Choose one :hoose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one -hoose one Click to enter. 03 dick 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 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 to 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. ente P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. ente, 5f. Total Click to Click to Click to Click to Click to Click to Clicl enter. enter. enter. enter. enter. enter. enb 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. Page 13 of 22 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 ❑ Other: Click to ente 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 B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 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: UICK to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 14 of 22 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The Submar mat system was designed to minimize disturbance to aquatic resources while restoring the required protective pipeline cover. 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. Installation of the Submar mat system will be completed in the minimal time necessary so that normal stream flow may continue. Further, the articulating revetment mats are pre -cast, which eliminates the need to use live concrete. 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 to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity 'ick 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) https://ribits.usace.army.miI/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 22 PCN Form Version 4.3- April 20, 2022 4h. Comments: lick 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. ,lick to enter 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: Click to enter. Page 16 of 22 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.,qov/about/divisions/energy-mineral-land-resources/energy-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? ❑ Yes ❑x 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%20guaIity/chapter%2002%20- %20environ mental%20manage ment/subchapter%20h/15a%20ncac%2002h%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? ❑x 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. ❑ Phase II ❑ USMP Local Government Stormwater Programs ❑ NSW ❑ Water Supply Page 17 of 22 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 22 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): UlICK 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 Line 4 and remain stable in the stream system. Additional repairs to the area are not anticipated. Further, the proposed maintenance activities will be conducted within an existing and maintained pipeline ROW and the proposed streambed/bank stabilization is anticipated to minimize erosion, improving downstream water quality. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * ❑ Yes ❑ No ❑x N/A Page 19 of 22 PCN Form Version 4.3- April 20, 2022 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. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? (IPAC weblink: htti3s://www.fws.ciov/ii3ac/ ffws.govl) ❑ Yes ❑x No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? * ® Yes ❑ No 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 ❑x 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 can be found in the NLEB SLOPES, Appendix F, pages 3-7. ❑ Yes ❑ No 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://saw-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 .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? * ❑ Yes ❑x No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) Page 20 of 22 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 Consultation (IPaC) website was used to generate a site specific official species list. The IPaC Official Species List suggests the following two (2) listed species potentially occur within the project area: 1. Atlantic pigtoe (Fusconaia masoni). The Atlantic pigtoe (Threatened) occupies mostly medium to large streams with clean, swift waters and stable gravel or sand substrate. The perennial stream within the project area is a small tributary (2-3 feet in width) with moderate flows. A moderate silt layer was observed over the stream's substrate. The perennial stream did not appear to have adequate size, flow -speed, or clean, stable substrates necessary to support Atlantic pigtoe. No individuals or suitable habitat for Atlantic pigtoe was observed within the proposed project area. 2. Roanoke logperch (Percina rex). The Roanoke logperch (Endangered) prefers medium -to -large, clear streams with warm water temperatures, riffle -run structure, and sand, gravel or boulder substrates. As stated above, the perennial stream within the project area is a small tributary (2-3 feet in width) with a moderate silt layer over its substrate. Further, adequate riffle -run structure was not observed within the perennial stream through CPC's ROW. Therefore, no individuals or suitable habitat for Roanoke logperch was observed within the proposed project area. In summary, no protected species individuals or their suitable aquatic habitats were observed within the proposed project area. Based on the evaluation of available habitats within the project area and the proposed maintenance techniques, we anticipate the proposed maintenance project will have "No effect" on the above - referenced species. Please see the attached IPaC. 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? ❑ 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 entr 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat mapping application 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://,qis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural ❑ Yes ❑x No preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Page 21 of 22 PCN Form Version 4.3- April 20, 2022 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? NCHPO and NRHP mapping applications. See attached NCHPO and NRHP Map. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.,qov/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. ACK io enter. 8c. What source(s) did you use to make the floodplain determination? FEMA Floodplain National Flood Hazard GIS layer. See attached FEMA Floodplain Map. H. Miscellaneous Comments: See PCN Form Attachments A— F. 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 INC 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 INC 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: Mackenzie Wallace Signature: * J��,d Date: 8/25/2023 c� Page 22 of 22 PCN Form Version 4.3- April 20, 2022 PCN FORM ATTACHMENT A PRE -FILE MEETING REQUEST Mackenzie Wallace From: Mackenzie Wallace Sent: Tuesday, July 25, 2023 4:25 PM To: 401 PreFile@deq.nc.gov Cc: Shanna Cahill; dfoust@colpipe.com Subject: 401/Buffer Pre -filing Meeting Request Attachments: Delineation Results_LN4_Expo_Rockingham_NC_RF.pdf Please fill out the following information: Project Name: Colonial Pipeline Company Line 4 Exposure County: Rockingham Applicant Name: David Foust Applicant Email: DFoust@colpipe.com Agent Name: Mackenzie Wallace (Corblu Ecology Group, LLC) Agent Email: Mwallace@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. Mackenzie Wallace From: 401 PreFile <401 PreFile@deq.nc.gov> Sent: Tuesday, July 25, 2023 4:25 PM To: Mackenzie Wallace Subject: Automatic reply: [External] 401/Buffer Pre -filing Meeting Request This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non -Transportation Central Staff: https://link.edgepilot.com/s/02b5a254/OsvYLD7RrkWCMWGS8g5vTw?u=https://deg.nc.gov/about/divisions/ water-resources/water-quality-permitting/401-buffer-permitting/401-buffer-permitting-contacts For Non -Transportation Regional Staff: https://link.edgepilot.com/s/9b5la756/bekdyNk3LUmeiAV3JMfWwA?u=https://edocs.deg.nc.gov/Wate rResources/DocView.aspx?dbid=0%26id=2162034%26cr=1 For all Transportation Projects Including NCDOT Projects: https://link.edgepilot.com/s/fe928bb6/SgWdBTnyROKKAAmBT- xCtQ?u=https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/transportation- permitting/staff-contacts Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. PCN FORM ATTACHMENT AGENT AUTHORIZATION LETTER 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 C EASEMENT AGREEMENT 125 Not Drawn in Rockingham County LL #13:41 Map #1b0 RIGHT OF WAY EASEMENT FOR AND IN CONSIDERATION OF One IhIndred Forty Six and No/100 - - - - - - - - - DOLLARS, the receipt of which is hereby acknowledged G. E. Smith and wife. Evelyn V. Smith; P. D. McMichael and wife. Lucile P. McMichael 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 pipeline right of way with the right to construct, maintain, inspect, operate, protect, repair, replace, change the size of, and remove a pipeline for the transportation of liquids and/or gases on, over, and through the following described lands, of which Grantors warrant they are the owners in fee simple, situated in Roekingiaul County, State of- North Carolina to -wit: 33.1 Acres, more or legs., described in a Deed from P W. Glidewell Sr., and Claude S. Scurry. Go=i_ssiowprs to G lL Smith and P D McMichael dated. June 2$. 1954, recorded in'Ronk 454, Page 145, in the office of the Regigter of Deeds of _ Ronlri ngbom County, North Cflrnl i nA..� wl _ cannier. in Plat Book, 7 Page SO in the office of the Register n-P Damns, of — R — together with the right of unimpaired access to said pipeline and the right of ingress and egress on, over, and through the above -described land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted hereunder. The said Grantors shall have the right to use and enjoy the above -described land except as the same may be necessary for the purposes herein granted to the said Grantee. Grantors agree not to build, create, or construct any obstructions, engineering works, or other structures over said pipe line nor permit the same to be done by others. In addition to the above consideration, Grantee agrees to repair or to pay for any actual damage which may be done to growing crops, I timber, fences, buildings, or other structures directly caused by Grantee exercising any rights herein granted. 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 the channel of any natural or man-made stream, ravine, ditch, or other water course. As a part of the consideration hereinabove set forth, Grantors hereby grant unto said Grantee, its successors and assigns, the right at any time to construct, operate, and maintain an additional pipeline or pipelines substantially parallel to the first pipeline constructed by Grantee on Grantors' land, above described and Grantee agrees to pay Grantors the sum of $ 14.6-00 for each additional pipeline constructed, said payment to be made before construction commences. Said additional pipeline or pipelines shall be subject to the same rights, privileges, and conditions as set forth in this Right of Way Easement. 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 theEank of ReiGsyille 2g&XX of e1C.wvi l:Le. North Carolina and payment so made shall be deemed and considered as payment to each of said Grantors. The rights herein granted may be assigned in whole or in part. The terms, conditions, and provisions of this right of way easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. This Night of Way shall be restricted to 751 in wic.th during construction and the Right of Way shall be reduced to 50t in width after the pipeline is laid. IN WITNESS WHEREOF, the Grantors herein have hereunto set their hands and seals this 9 day of January , 1963—. tIC11MENTARY' Ff � n y r' GraatorsLucile P. McMichael 8a31l�(� 126 CPC-96 INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA 1 COUNTY OF Rockingham SS I, , I, S. L. Fairchild do hereby certify that G. E. Smith and Wife Evelync V. Smith; and P. D. McMichael and wife Lucile P. McMichael _ personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this, the 9 day of January 19 My term of office expires on the 15th day of Notary Public • " February ,19 63 S. L. Fairchild INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA l COUNTY OF } SS 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 Notary Public . 19 . STATE OF NORTH CAROLINA COUNTY OF PROOF BY SUBSCRIBING WITNESS } SS , state certify that personally appeared before me this day, and being duly sworn, state that in his presence cigne Witness my hand and official seal, this day of_ 19—. My term of office expires on the day of Notary F 19. 0 N W IL 3 d 0 K z O U z o a a z U the foregoing instrument. U z v� W U a I 22 a O z STATE OF NORTH CAROLINA 0 19�; 0 LOC. AND TRACT NO. 803:114 COUNTY OF Rockingham - SUPPLEMENTAL RIGHT OF WAY AGREEMENT SUPPLEMENTAL RIGHT OF WAY AGREEMENT, made the � day of A ��� ' , 19 '7 L_, between _ G. E. Smith and �Jr (Co -executors of the Estate wife Evelyn V. Smith; P. D. McMichael/and wife Lucil .e P. McMichael�f g D McMip apli S —r hereinafter called Grantors (whether one or more), aril 7% A4 PIPELINE COMPANY, a Delaware corporation, hereinafter called Grantee; WITNESSETH There has heretofore been conveyed to Grantee, by an instrument recorded in Book 596 Page 125 , in the Office of the Register of Deeds of Rockingham County, North Carolina, a 50 foot wide right of way and easement across land owned by Grantors, for pipelines for the transportation of liquids and/or gases, upon the terns and conditions contained in said instrument, reference to which is hereby made, and Grantee has heretofore constructed and installed a single pipeline therein. In consideration of the sum of SEVEN HUNDRED _Qpllazs ($ 700. 00 ) ,,(( an. �. cozhvearce o g ac an o ee tr paid to Grantors by Grantee, ,tne receipt o w rch is ere ac ovule ged, Grantors ere y grant, azg , se and convey o tan ee, t s successors and assigns an additional and perpetual Twenty —Five (25) perpe feet in width running parallel and contiguous to the above -mentioned existing Fifty (50) foot wide right of way and easement and being on the Easterly side thereof upon the same terms and conditions as are contained in said instrument referred to above, together with the right to temporarily use a strip of land Twenty —Five (25) feet in width adjacent to the total right of way of the existing easement and the easement hereby granted upon the Easterly side and running the full length thereof and such other additional temporary work space as is needed in making highway, railroad, stream, etc., crossings during construction of the second pipeline. A tract or parcel of land located in Reidsv lie Township, Rockingham County, North Carolina containing 33.1 acres, more or less, more particularly described in a deed from P. W. Glidewell, Sr., and Claude S. Scurry, Commissioners to G. E. Smith and P. D. McMichael dated June 28, 1954, recorded in Book 454, at Page 145, in the Office of the Register of Deeds in Rockingham County, State of North Carolina. P. D. McMichael, Jr. and wife, Lucile P. McMichael, co -executors of the Estate of P. D. McMichael, Sr., execute this instrument pursuant to powers of sale contained in the Will of P. D. McMichael, Sr, filed in the office of the Clerk of Superior Court for Rockingham County. STATE OF " Real Estate = OR 4 „ .o 0� _ pLH NINA Excis1.e Tax = �G 00 o _ P.B.10720 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 exercising any rights herein granted. The rights herein granted are divisible and assignable in whole or in part. The terms, covenants, and provisions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns 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 successors and assigns, forever; and Grantors do hereby bind themselves and their respective heirs, successors, executors, administrators, and assigns to warrant and forever Aefend all and singular said rights and easements unto said Grantee, its successors 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 anv. IN WITNESS WHEREOF, the Grantors herein have hereunto set their hands a Sigled, seated and GRANTAsiS &CMiCI1ael,e�r.cSLatetOr 1� (SEAL) (Seal) Seal) Seal) NC 3495 (449) ?')a s. ACKNOWLEDGEMENT ,to BY INDIVIDUAL GRANTOR(S) o� STATE OF NORTH CAROLINA COUNTY OF h ----.a Notary Public for said County and State, do hereby certifv that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. W ITN rSS my hand and, notarial seal, this X day of Notary Public ;a -,Iy 6ttrini5sio� expires l Y 'IAff Ntarial .jrell- ��-� ptJ1!; ACKNOWLEDGEMENT BY INDIVIDUAL GRANTOR(S) STATE OF NORTH CAROLINA COUNTY OF j I. aL�, a Notary Public for said County and State, do hereby certify that Co.Executors P D McMichael Sr Estate personally appeared before me this day and acknowledged the due execution of the foregoing instrument. W ITN F.SS my hand and notarial seal, this e7�, d day of , 192r - 61 f r Notary Public IM"I. Not-W S all =.G ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS (ONLY ONE REQUIRED) STATE OF NORTH AROLINA COUNTYOF j 1, , a Notary Public for said County and State, do hereby certify that tYS[=�(7L t personally appeared before me this day. and being sworn. stated that in h,fE presence signed (acknowledged the execution otl' the foregoing instrument. ' WITNESS my hand and notarial seal the C� Z day of .19 fri jf�. My r s ion IA{c lot-rialS it L.., •..� � VO'�. St-.'i.e pltt tlteaord�„not� ''� Notary Public STATE OF NORTH CAROLINA—Rockingham County. The foregoing certificate of......t�.w....+......k:s;i.a,]��k).�.1d.,...,a....Nca.terry....Public ....of..16= ing.ham...C.oLu z jry......... -State .... of... North Caro.],jm. a . gee ........................ .0 5 v 7i$certified to be correct. This instrument was presented for registration at 9.�........ o'clock A.M.3 4U., on the...9tb..... day of........N ..0„.e.tube..„.,.r .......... 19....7.8 and recorded in Book ......7.25 Page..196.. Office of Register of Deeds for Rockingham County, N. C. This the....9th.. day of ..... NQ..eMb.e..K..................... . 197..Y.. +1 $ 5.00 ,FOE Pd. IREN PR//l ister Zre�eo�rkmg.. unty, N. C. Mail to: Colonial Pipiline Co. P 0 Box 9983 G'boro, N C 27408 By............................................................................ Asst.-Deputy Register of Deeds 0 0 1 RIGH11 04P WAY EASE00ENf Map# 160 N07' PRAWN IN ROC6QNGyAi>7 CCS�yT� FOR AND IN CONSIDERATION OF One Hundred Twelve and No/100 — — — — — — — — — — HOLLARS, the receipt of which is hereby acknowledged, Nora E. Pearman, A Widow 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 75 feet in width and extending feet from either side of the center line of the first pipe line installed hereunder, on, over, and through the following described lands, of which Grantors warrant they are the owners in fee simple, situated in Rockingham County, State of North (arnl inn , to —wit: 23.26 Acres more or less, described in a need from W. T Moore, et ux, to John D Pearman and wife, Nora E PParman, dated Au st l lg�3t rernrriarl in Book 233, Page 240, in the office of the Register of Deeds of R.ockin,,ham County, North. Carolina, 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 obstruc- tions 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 the channel of any natural or man-made stream, ravine, ditch, or other watercourse. As a part of the consideration hereinabove set forth, Grantors hereby grant unto said Grantee, its successors and assigns, the right at any time to construct, operate, and maintain an additional pipe line or pipe lines sub- stantially parallel to the first pipe line constructed by Grantee on Grantors' land, above described and Grantee agrees to pay Grantors the sum of $ 2_on per rod 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. It is agreed that any payment hereunder may be made direct to said Grantors, or any one of them, or by depositing such paymeut to the credit of said Grantors, or any one of them in theReidsyi.11e, N'Shctk of Reidsville 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, executors, 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. This Right of Way shall be restricted to 75t in width during construction and the Right of Way shall be reduced to 501 in width after the pipeline is laid. INLZrITNESS WHEREOF, the Grantors herein have hereunto set their hands and seals this 2 j day of Signed, sealed, and de ' ed in the prese ce of: L d G,-11 i Walter C. Gille ie ,vtz- (!� Grantors E. Pearman, A widow (Seal) (Seal) `z30 3 • IIS ^a n-- • INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA l J} COUNTY OF ss I do hereby certify thaf — ... 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 INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF SS I NORTH CAROLINA RO . ' CHAN ,CO personally appeared before me this day and acknowledged the du Mate oL _. _._. ._..___.... .._........... ..._....... ie (+r) '.deed to 6e correct. Witness my hand and official seal this, the Let theainatr. t and rttne.t h et tend. This �`.-.-. d y f . - .._ _ ...... . 19_� My term of office expires on the day of ----� - -- -- - �� a �5 CLERK i1ER10 00l�RTn� Filed for regist at t...�: o'clock.- M on the -. _. dayJ,f ,19 tT nary /S^19. CEFz3®andrljeyeY�or yPy/in Rook N �94 Yag T.L..(�LGI� ,�TEfi OF DEEDS........ PROOF BY SUBSCRIBING WITNESS STATE OF NORTH CAROLINA l COUNTY OF Ro c k i ng ham J} SS 1 Ann "T. Fooper of Rockingham C unt state f DT. C. certify that J a 17 • (1111tland personally appeared before me this day, and being duly sworn, stated t Witness my hand, and official seal, this 2 8 day of_ My term of: office-exp,ites; of .the 5 day of — OC {ilia'' �a W z O U W z F W a 0 a O U o y, e o —. hat in his presence Nora E. Pearman (a Widow) igned the foregoing instrument. cember lg 62 N61ary Public a 7 I r`( C/ acts STATE OF NORTH CAROLINA LOC. AND TRACT NO. 803:115 COUNTY OF Rockingham SUPPLEMENTAL RIGHT OF WAY AGREEMENT i SUPPLEMENTAL RIGHT OF WAY AGREEMENT, made the 1-a,— day of 19 Z�(, between Amos E. Butler and wife, Velna H. Butler hereinafter called Grantors (whether one or more), and COLONIAL PIPELINE COMPANY, a Delaware corporation, hereinafter called Grantee: WTTNESSETH There ha; hpretofpre been conveyed to Grantee, by an instrument recorded in Book 594 Page 462 in the Office of the Register of Deeds of ROC Inglhlam County, North Carolina, a �— foot wide right of way and easement across land owned by Grantors, for pipelines for the transportation of liquids and/or gases, upon the terms and conditions contained in said instrument, reference to which is hereby made, and Grantee has heretofore constructed and installed a single pipeline therein. Ej In consideration of the sum of / ' o Mars ($ y ) paid to Grantors by Grantee, the receipt of which is hereby acknowledgged, Grantors hereby t, bargain, sell and convey to Grantee, its successors and assigns an additional and perpetual easement Twenty -Five ( 2 5) feet in width running parallel and Contiguous to the above -mentioned existing Fifty (5 0) foot wide right of way and easement and being on the Easterly side thereof upon the same terms and conditions as are contained in said instrument referred to above, together with the right to temporarily use a strip of land Thirty -Five (3 5) feet in width adjacent to the total right of way of the existing easement and the easement hereby granted upon the Easterly side and running the full length thereof and such other additional temporary work space as is needed in making highway, railroad, stream, etc., crossings during construction of the second pipeline. A tract or parcel of land located in Reidsville Township, Rockingham County, North Carolina, containing 6.07 acres, more or less, more particularly described in a deed from C. Penn Pearman, Executor of the Estate of Nora B. Pearman to Amos E. Butler and wife, Velna H. Butler dated August 11, 1969, recorded in Book 665, at Page 793, in the Office of the Register of Deeds in Rockingham County, State of North Carolina. Drawn By: Colonial Pipeline Co. 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 exercising any rights herein granted. The rights herein granted are divisible and assignable in whole or in part. The terms, covenants, and provisions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns 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 successors and assigns, forever; and Grantors do hereby bind themselves and their respective heirs, successors, executors, administrators, and assigns to warrant and forever defend all and singular said rights and easements unto said Grantee, its successors and assigns, and against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to restrictions and easements of record, if any. --� IN WITNESS WHEREOF, the Grantors herein have hereunto set their hands and seals this J_ day of , 19 �. Signed, sealed and �'�cf del' a in the presence o � �j (Seal) os Esy ut / (Seal) Velna H. Butler 14 (Seal) GRANTORS NC 3495 (4-79) STATE OF NORTH CAROLINAA ACKNOWLEDGEMENT BY INDIVIDUAL GRANTOR(S) COU NTY OF a Notary Public for said Countv and State, do hereby certiN that appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this day of , 19 My commission expires I Affix Notarial Seal I STATE OF NORTH CAROLINA COUNTYOF ACKNOWLEDGEMENT BY INDIVIDUAL GRANTOR(S) WITNESS my hand and notarial seal, this day of My commission expires I.Affix Notarial Seall Notary Public a Notary Public for said County and State, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. 19 Notary Public ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS IONLY ONE REQUIRED) STATE OF NORTH CAROLINA� J' COUNTY'O�Ff•- �&44� I��.��-{�t(/Ii-�o-& aY1Mi V �v Cnf W / , a Notary Public for said County and State. do hereby certify that Nt'' ! �/ M • personally appeared before me this day, and being sworn, stated that in h_ -04'✓ presence r , _ w �✓ V • n T �+�.��'Y��OV%% • ^^+^� signed* (acknowledged the execution off* the foregoing instrument. WITNESS my hand and notarial seal the day of19". Notary Public Mc commission expires I.Vfix Ncwrial *VOTE.: Strike out thr ­,ds-not ❑pplicable. STATE OF NORTH CAROLINA-Rockingham County. The foregoing certificate of........iiarQl..Ann... Ba.,SQ.r....(Flynt.),...a... N.Q.tart'.... Public ...Qf......................................... Guilford...Count�'... S.ta:te....of...North...Ca.rolina................................................................................................... is certified to be correct. This instrument was presented for registration atl .09o'clock Ate. P.M., on the..14th.. day of......a7.U,AP.......................... . 19.28.. and recorded in Book.22.1.... , Page .292. Office of Register of Deeds for Rockingham County, N. C. This the ...1.4th. day of.......JuneJune ................................ . 19 .....78 �¢ � $ 3.50 .Fee Pd. IR N PRUITT, Register of Deeds, Rcekingham County, N. C. Mail to: Colonial PipPlinP Co_ By........................................................................................................... P 0 BOX 9983 Asst.-Deputy Register of Deeds Greensboro N C 27408 BOND C ONTRACT� KNOW ALL MEN B7 THESE YRrSENTSt That the Colonial Pipeline Company, a corporation of the State of Delaware, having its offices ir. ktlanta, Georgia, as principal and FMFRAT ICI+rReur- .OMPANY as surety, are firmly bound unto the North Carolina State Highway Commission in the just and full sum of SIXTY TFOUSAND ($60,000.00) DOLLARS, for the payment whereof they hereby bind themselves, their successors and assigns, Jointly and severally, by these presents. IN TESTIMONY WHEREOF, the said Colonial Pipeline Company has signed and sealed the same, and FEDERAL IIISURANCE COMPANY has caused these presents to be signed in its corporate name and its seal to be hereunder affixed by its duly authorized representative this the lih DAY OF myglART, , 1963. WHEREAS, the North Carolina State Highway Commission will by agreements authorize the Colonial Pipeline Company to install a 36" petroleum products pipeline across public roads in Rockingham County, 8" petroleum products pipeline from West of Greensboro to Apex across public roads in Guilford, Alamance, Chatham and Wake counties, 6" petroleum products pipeline from Apex to Selma across public roads in Wake and Johnston Counties, 6" petro- leum products pipeline from Apex to Fayetteville across public roads in Wake, Harnett and Cumberland Counties of North Carolina in accordance with lithe agreements, conditions and stipulations set forth in the said agreements which are by reference made a part hereof; iNOW, THVKR FORF, the condition of this obligation is such that if the above bounden Colonial Pipeline Company, their successors and assiFne, shall for a period of Two (2) years after the date when the construction of said !!pipelines are completed and said pipelines are placed in operation, comply Ilwith, carry out and perform all of the agreements, conditions and stip. �iulations of the said agreements in accordance with the terms and provisions !'thereof, then this obligation is to be null and void; otherwise to remain in fell force and effect„ W7. _ �ret.�; i[ T.FELDMAKBy ASSISiAh' L P. r.urr►tiw he ColMn Pipeline Compan X iAMQ'SMBtDW i0 f 0. MCNI'',TY WITI1W3St, C. �unters+gned Principal FFT)FRAT TNS'(RANCF CONF'ANY Surety ATTORNEY -TN -FACT I Paken and approved tt;is _ day of r,oxr, C,,iOLI\,A STAir 'i •^.e;, By: 02U ). CGr i .1 0 0 ROCK) N6doy, eoaNTY NUMBt h! M C9 TYPf- VAL F Tl DIRecTTOW 1. Black Top Road 8,600, s Highway #158 Northwest 3 U. S. Higkiway #158 529' Road East 6 Road 2406 (Black Tops 2971 Road #2423 Southeast 9 Black Top 2,7501 � Road Northwest lU Highway 65 & 87 1 500' � U. S. #29 Southeast 12 Concord highway 2,900 U. S. 29 Southeast 13 State Highway #14 500 Intersection South 800' Interstate Sub —Div St. South 14 Black Top 15 Black Top 1941 123' Road South 17 Black Tap 6231 Road South 18 h1ack Top 3,800 1 Road West 19 �_acK Top 4,5cio Road Vest 21, ;Late night+ay 0700 1,787' Road East JRA`Tc3. ROADS Gravel Road 4,100' To Highway #58 Northwest 4 '3ravel Road 1 900l , Highway #158 South .5 gravel Road 300' Road #2423 Southeast 328 , Road #24� jouthea<,t 7 Gravel Road 350' Road #2406 Southeast $ Gravel Road 11 Gravel Road 2,300 U. S. #29 East 16 Gravel Road 1,400 Road Fi°t 10 3ravel Road !,400 Road Southeast 21 Gravel Roca s40 2 01 Highway #700 North 23 Gravel Road 2,0001 Highway #700 Southeast 24 Gravel Road 802' Road Northwest ?5 ';ravel Road 933' Road West NORTH GAROLINA STATE HlI .tiWAY (()MMIS.lION SPECIAL PROM, IUNS :'OVr;??ING PIPL LIN ,o i,i�:, 0'.H' F� ''GNDUIT UNDER STATE HIGHWAYS AND CrIlINTY ROAD:? AND TH ,IR EXTE'N:'IONt IN MUNICIPALITIES 7PECIAL FROVISIONS 1 The top of the pipe lire or casing shall he irstalled at a minimum depth of 30 inches below the s-irfac.,e of the pavemerr and/or 18 inches below the flow line of side d:tc.hes. Division F:rg.neers are authcrized to reduce the minimum depth when the _.ocal water table sail _r otner c or,di tions make this depth impractical,. 2, All crossings of hlvhwa_v, shall be as near right angles to the center line of thr- highway as is prticticable,, 3., All pipe line crossinrrF of paved ,conrrPte or b-t im r.ous surfacei highways or county roads shall c•e made by means of acki.ng boring or drilling, If this is not possible or feasible due to r•ccr cr ether cause permissi-n from the Commission s Division Engineer must be ottair-d before the pavement may be trenched, On a small local installat-i)r where Pquipment for hacking., boring or drilling is not reasonably available a trench insta-l_.ation may be approved- 4� Pipe line crossings of unpav-d (graver crushed stone, and soil type surfaces) highways and county roads may oe made by trenching, 'See paragraph 9). 5Gas and liquid fuel pipe dines crossing under paved lconcrete or bituminous surface) highways; county roads or roads scheduled for early paving must be placed in a pipe or casing of larger diameter than tile carrier pipe line, as outlined under "Policy on Pape Encasement", a cagy of which will be furnished upon request Such casings wherever possible are to be jacked, bored or drilled under the roadway for the full widtr of trip roadbed including shoulders, and where future dual -lane highways are p'annpd the ;acing shall be carried the full, width of The proposed roadbed., 6, All trenches across- h_LFhways must be backfilled in lavers not exceeding four (4) inches and Pach layer must be thorougnly tamped by a mechanical tamp before the next layer is raced A pr:eumat...:, tamp e- a vtb.rat1hF, tamp w.:ii be re- quired to meet the s.;e._fl-ation of .a "mecha.r. .:a tamp" On small local in- stallations where m-chan-L,,.al tamping equipmen- is not reasonably available the Highway Division Engi veer will either furnish +,he tampi.ng equipment on a rental ba<,is or recommend ct,,er means fe.- obt�in_n? =htLF•`'actor_r compaction. 7., All excess excavated material' ey;ail, r.r removed and disposed of cuts.i_de the limits Of the ri_k''::t of Wa.y In suc:i a !r,�irnet3s nc)t to i0erfere with the drain- age of hi,7hwa;• , ]ni'• ;: ]'ttlP Wl_: 1: Yr' � by 3 r-'presF'n?car:.vp of t.�e Com- missinn • C7 C7g03. OGC-(. i r Aft 2- 8. Where it is necessary to trench across concrete pavement or concret, base pavement, a section of pavement of minimum length of ten (10) feet shall be removed and replaced with new concrete. Where the edge of the patch or section of removed pavement is less than ten (10) feet from a transverse ex- pansion or contraction joint or crack the entire section of pavement shall be removed up to the joint or crack and replaced with new concrete, When prac- tical the pavement cuts for a patch shall be made by the use of a concrete saw. All replaced concrete shall have a depth of one inch greater than the depth of the original slab. Immediately under the replaced concrete there shall be placed a thoroughly compacted three-inch layer of topsoil, sang, screenings or other granular material, All replaced concrete, joint filler, and subgrade reir.forc'ing material shall meet the spec.ifi^ations of the Com- mission, both as to material and performance of work. Where the existing pavement is badly cracked or has been patched to a state where a resurfacing will be required in the immediate future the Division Engineer may authorize the use of a bituminous patch to meet the State Highway Commissions patching procedure, 9. Where it is necessary to trench across roads with surfaces other than concrete the same type and thickness of surface and/or base as formerly existed or equivalent shall be replaced. The thickness of the replacement material shall be sufficient to provide a base and surface of equivalent strength to the undisturbed base and surface. All replaced surfacing shall meet the speci- fications of the Commission, both as to material and the performance of work, 10. Openings in the shoulders,, side ditches and cut or filled slopes of road shall be repaired to the satisfaction of the Commissions Division Engineer, 11. On sections of road that have a natural sod or growth or have been landscaped, care shall be taken to remove and replace shrubs and sod to the satisfaction of the Commission's Lar,ds:,ape Engineer. No orramertal trees may be cut or re moved without the prior approval of the Lards:ape Engineer. 12. If mutually satisfactioi• arrangements can be made with the Division Engireer through whose division the pipe line passes; pavement may be restored by the Commission's maintenanr..e forces with the pipe line owner assuming the cost of such replacement, 13, In rural areas the pipe line owner shall place sait.able markers at each side of the highway at locations to be deeigc.ated by the Commission showing the exact location of the pipe line, 14, Plans showing deta—'s of any proposed pipe line installations which will en- croach upon bridges or culverts (over, unler, in, or attached thereto) shall be furnished the Bridge Engineer for approvai before ;he erc-oachmert ,ortrar.t is submitted. P;•pe 1:.nes shall r,o; he ,-.ailed in 1­'vert.s nr Arder bridges without the Wr-tteT: COC a'1` the B adge Eng;-e=.. . 15o When it is neces5ar,i f-. die pip.- 11',le OFs o:er highways o_' :vl^.t•V roaaz by means of overhea _ irefi plan. of s 'j h z. trta.", t Ai e.s shall be .3-ibmi'. teci to the Commis_on s Ar edge an i r-_ approval :se. _ired befo-e su h structures may be ere,t-, Y ogo3.v61-r. 1 v w ci• � �• • • - 16. Where the roadway is cut or trenched adequate barricades and warning signe are to be placed and, if necessarywa:chmer or flagmen are .o be employed to control traffic„ If trenches are left open overnight a. sufficient number of barricades, signs and torches or light: must be prominently displayed so that the traveling public will be adequately prcte_*.ed� 17. Wherever the traveled portion of the roadway is cut only one-half of the road width shall be opened at. one time., Before the other half is :ut, the first opening shall be made usable, safe and maintained for traffic., 18. Where one-way traffic is being maintained, it shall be flagged twenty-four (24) hours per day, Flagmen shall be instructed to follow State Highway Com-, mission Flagman Regulations, they shall be equipped with the standard "STOP" and "SLOW" signs and a red flag during daylight and a red light or a torch at night, The Flagman shall wear dist'_nctive apparel as helmet, light colored coat, Sam Browne belt or white arm band,. A pilot vehicle shall be used when in the opinion of the Division. Engineer such assistance to traffic is advisable. 19. Traffic is not to be blocked or re-=rou*.ed without the written permission of the Commission"s Division Enginee-r, 20, Where traffic is re ---routed adequate State Highway Commission standard detour signs shall be provided and maintained,. Upon request the Highway Commission may furnish standard detour signs at the established price, 21. Before any crossing of a highway or county road is made notice must be given forty-eight (48) hours in advance to the Commission's Divisicn Engineer so that an Inspector may be assigned to the work, if in his opinion inspection is necessary- 22. Any Inspectors assigned to the pipe laying operations will have full authority to act in behalf of the Commission and to stop any work affecting highways, provided the work is not being performed in accordance with this agreement and the Commission-s standard specifications. 23. The costs of such inspection and the cost of barricades signs, lights; flag- men and pilot cars are to be borne by the pipe line owner. 24+ The cost of re -doing or repa_.ring ty the Commission's forces of any roadway openings not satisfactor-,ly restored by the pipe line company is to be borr.k by the pipe line owner, 25. When a pipe instaliat.ior. _8 made while a road is finder contrast for const-r:;ct- ion the pipe owner must make :;3,isfact.ory arrangement with the Highway Con- tractor so as nc)' - iriteri'ere with or decay the cont._a_tor 26. Prior tO crossing any highway G' cour'y road. ttie Comm;-ss,or s Division Eng-* neer shall be c,)ns;Al-ed to de*erm-_n- if the Conm,_:sion anticipates changes in grade or al:gnmen• .. W,.ero c:nanp-e• are con* ertpiated ..he r,, - e _ine sviall be so lard as to conf:,-m tc, *.he p� opo e,-i change,; . (!:) QZ03. 06-Lr . I 27, Where parallel encroachments are made, (1) excavation material that is tem- porarily placed on the pavement must be moved off of the pavement as quickly. as practical; (2) excavation in the immediate vicinity of drainage structures shall be made with special care so as not to damage or interfere with the use of the existing drainage facility; (3) drainage facilities that are in- advertently damaged must be repaired immediately- (4) where a pipe line or a structure for a pipe line is to be placed across or near the intake or discharge of a highway drainage facility, plans for such installation must be submitted to and approved by the Commissions Bridge Engineer before in- stallation, and (5) the bottom of the excavation fcr a parallel installation in rural areas, or elsewhere when space will permit; shall not be nearer the edge of the pavement (measured in a horizontal plane) than the depth of the excavation so that the eheoretical slope from the edge of the pave- ment tc the bottom of the ditch will be no steeper than a 1 to 1 slope, Past experience causes the Commission to believe it is not in its best interest tc continue the practice of allowing parallel encroach ments by gas and liquid fuel pipe lines on highway rights of way. If parallel encroachments are found to be desirable or necessary each encroach- ment will be individually considered on its own merits by the Commission's Principal Right of Way Engineer or his representative. Consideration will be given to the approval of encroachments involving necessary extensions to distribution systems within towns and in adjacent developed areas, -o-o-o-o-o-o-o-o-o-o•-o- BWDavis-ebj February 27, 1957 April 3, 1957 August 19, 1958 • C)WB.o(,C-(.I PCN FORM ATTACHMENT USFWS 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: 2023-0118923 Project Name: CPC SE Line 4 Exposure, Rockingham Co., NC August 18, 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 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 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 08/18/2023 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: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.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/program/migratory-bird-permit/what- we-do. 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/library/collections/threats-birds. 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/partner/council-conservation- migratory-birds. 08/18/2023 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 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 08/18/2023 4 PROJECT SUMMARY Project Code: 2023-0118923 Project Name: CPC SE Line 4 Exposure, Rockingham Co., NC Project Type: Pipeline - Onshore - Maintenance / Modification - Below Ground Project Description: Required pipeline exposure repair Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)36.35892095,-79.69448759115463,14z F Counties: Rockingham County, North Carolina 08/18/2023 5 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 FISHES NAME STATUS Roanoke Logperch Percina rex Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1134 CLAMS NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/5164 Green Floater Lasmigona subviridis Proposed There is proposed critical habitat for this species. Threatened Species profile: https:Hecos.fws.gov/ecp/species/7541 08/18/2023 11 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 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. 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 Treaty 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. 08/18/2023 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. 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. 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. 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 t0 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. 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 08/18/2023 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. SPECIES Bald Eagle Non -BCC Vulnerable Chimney Swift BCC Rangewide (CON) Eastern Whip -poor - will BCC Rangewide (CON) — probability of presence breeding season I survey effort — no data JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ■�� =�Mi l ��il. 1. .1.11 1 +++-i i +++ +M R11 i i i i i' 1111 IN His loll IN* ++++ ++++ ++++ ++++ +++0 ++4 11 1 1 +++ ++++ ++++ ++++ ++++ ++++ ++++ 08/18/2023 9 Prairie Warbler ++++ BCC Rangewide ++++ ++++ ++T+ ++++ ++++ ++++ ++++ ++++ ++++ NONE N. (CON) Red-headed ME 11" " Woodpecker + *++*+ +,+� +��, ++++ ++�+ ++++ ++ 0+ 0++0 +21' ,,,, BCC Rangewide (CON) Rusty Blackbird BCC -BCR Wood Thrush BCC Rangewide (CON) I11`11 IIII II+01111 IIII IIII IIII 1111 1111 1111 111 ++++ 4 I I�++++ ++*I d1101-000-ft I I I I I I I A +++ ++++ ++++ 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/avoidinv--and-minimizins--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 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 (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. 08/18/2023 10 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); 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 08/18/2023 11 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 Loring. 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, 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. 08/18/2023 IPAC USER CONTACT INFORMATION Agency: Corblu Ecology Group, LLC Name: Mackenzie Wallace Address: 3225 S. Cherokee Lane Address Line 2: Bldg. 800 City: Woodstock State: GA Zip: 30188 Email mwallace@corblu.com Phone: 7705919990 PCN FORM ATTACHMENT E NCHPO AND NRHP MAP t s• , t .;;'4"� ,y,t •;^-w. ``'�" ^, '►� Site ID: RK0707 ,.t ,� ,,,. ,. •,fi ..r,, Status: SD cc��.,,�� t #t 4 #'y �,-.�•= =' Site Name: House (Gone) '' °',• ," -'�'„ y' _ - ; Distance to Project: 3,717 linear feet r rLine 4 Exposure (36.358547,-79.694905) •,,.� � "fie ;p a .� _ _ fir ILI. R" - �• *011 Site ID: RK0769: . _,`- - y r, - Status: SO 't -,: io Site Name: House Distance to Project: 3,400 linear feet r _ , • . 6- - Legend • ►. _ '� _, y _ '- ,.. , _ • ` ; ' Line 4 Exposure �r►� - . r f — _ NC CPC Pipeline .t o NCHPO Points Base Map Source: ESRI Aerial Imagery NCHPO GIS Data, Accessed 8/18/2023 0 550 1,100 2,200 Feet 1-12,000 Colonial Pipeline Company, SEtN Awl NCHPO and NRHP Map Line 4 Exposure o I I Project No. 02-041901-786 Rockingham County, North Carolina ECOLOGY GROUP PCN FORM ATTACHMENT F FEMA FLOODPLAIN MAP I N A l + i• c Zone ;`a�i'`P • � . f Eat , `��,�+. • �{ :� ��°Zone PANEL s 3710799500J eff. 7/3/2007 , ... �+�'� � . �, r,'�-•, .�: +.gyp _ -= . , - i4_ of 21 N Line 4 Exposure (36.358547,-79.694905) X. • - fir. - , .p•s.r;. - t Zon �" AE W PANEL 3710799400J`• _ eff. 7/3/2007� Legend Line 4 Exposure NC CPC Pipeline Q FIRM Panels Flood Hazard Zones Zone Type 1%Annual Chance Flood Hazard Regulatory Floodway Special Floodway Area of Undetermined Flood Hazard 0.2%Annual Chance Flood Hazard 6A Future Conditions 1%Annual Chance Flood Hazard Egg Area with Reduced Risk Due to Levee Area with Risk Due to Levee Base Map Source: ESRI Aerial Imagery Floodplain Data Source: FEMA National Flood Hazard Layer, Accessed 8/18/2023 Colonial Pipeline Company, SE Line 4 Exposure Rockingham County, North Carolina ff.•7 33/2007 "� r �. Zone AE LL • . - -'i�► - 1-12,000 1 IT 4�N. oorllu ECOLOGY GROUP 550 1.100 2,200 Feet FEMA Floodplain Map Project No. 02-041901-786