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HomeMy WebLinkAbout20231357 Ver 1_ePCN Application_20230928DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process? Yes No Is this project a public transportation project?* Yes No Change only If needed. Pre -Filing Meeting Date Request was submitted on: 8/22/2023 Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned * 20231357 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review la. Name of project: Cardinal Pipeline ROW @ Trib to Haw River la. Who is the Primary Contact?* George M. Junkin 1b. Primary Contact Email: * george@americaniandconcepts.com Date Submitted 9/28/2023 Nearest Body of Water Trib to Haw River Basin Cape Fear Water Classification WS-V;NSW Site Coordinates Latitude: 36.069944 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Alamance Longitude: -79.360781 Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Rebecca Chandler:rebecca.chandler 1c. Primary Contact Phone:* (443)324-9969 $570.00 $767.00 Q i� Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application? * Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) 1e. Is there an Agent/Consultant for this project?'� Yes No 2. Owner Information 2a. Name(s) on recorded deed: Cardinal Pipeline Company, LLC 2b. Deed book and page no.: 1207/0561 2c. Contact Person: Laura Rudolf 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No O 2d. Address Street Address 2800 Post Office Road Address Line 2 Level 11 city Houston Postal / Zip Code 77056 2e. Telephone Number: (713)204-1283 2g. Email Address:' Laura. Rudolf@Williams.com 4. Agent/Consultant (if applicable) 4a. Name: George M. Junkin 4b. Business Name: American Land Concepts, Inc. 4c.Address Street Address 238E Main Street Address Line 2 city Reisterstown Postal / Zip Code 21136 4d. Telephone Number: (410)526-2688 4f. Email Address:' george@americaniandconcepts.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (ifappropriate) 1c. Nearest municipality / town: Graham 2. Project Identification 2a. Property Identification Number State / Province / Region Texas Country USA 2f. Fax Number: State / Province / Region Maryland Country USA 4e. Fax Number: 2b. Property size: 2c. Project Address Street Address Cardinal Pipeline ROW approximately 0.4+/- miles southeast of the intersection of Chanllenge Dr and Lake Point Dr Address Line 2 City State / Province / Region Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Trib to Haw River 3b. Water Resources Classification of nearest receiving water: WS-V;NSW 3c. What river basins) is your project located in?* Cape Fear a 3d. Please provide the 12-digit HUC in which the project is located. 030300020609 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: " In this location the Cardinal Pipeline Company ROW runs parallel to Haw River north of 1-40/1-85 with anywhere from 40-85 feet of treeline separating the two. The site is located approximately 360 feet north of the interstate on the ROW. There is one natural gas pipelines that run the length of the ROW in this location and the ROW is routinely maintained. An intermittent stream channel flows easterly across the ROW to the Haw River. Erosive conditions within and adjacent to ROW have caused an approximately 10 foot deep channel with steep banks to form. These conditions have resulted in minimum coverage over the existing 24" gas pipeline. In addition, a large erosion gully has formed on the northern stream bank immediately adjacent to the treeline. The surrounding land is as a golf course. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0 SF - review was limited to project site and site access 4g. List the total estimated linear feet of all existing streams on the property: 155 LF - review was limited to project site and site access 4h. Explain the purpose of the proposed project: * The primary purpose of the project is to restore the ROW and ensure the continued safe operation of the Cardinal Pipeline, and secondarily to minimize future erosion and sediment transport. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: To stabilize the stream and minimize future erosion at the existing pipeline and within the ROW, installation of four step -pool drop structures is proposed to be constructed between the existing pipeline and the treeline. In addition, the stream will be wided in some areas to mimic the downstream portion of the stream at the confluence with Haw River and the streambanks will be cut to create a 2:1 slope within and immediately adjacent to the ROW. The step -pool structure will raise the stream invert to ensure a minimum of 2.5 feet of cover is over the existing pipeline. The top of the structure will be at an elevation of approximately 87.5'. This step -pool structure will drop approximately 14 inches with a pool 6+/- FT in length and 1.5+/- FT deep. The bottom of the structure will return the channel to the existing grade, approximately 84.0'. To further minimize stream migration and erosion, the sides of the step -pool structure will extend up the stream bank a minimum of 2 vertical feet. The step -pool structures will dissipate the water velocity creating a natural riffle -pool scenario providing habitat for species. Immediately upstream of the step -pool structure, the channel will be filled with excavated material/bed stability mix approximately 45+/- LF to an elevation of 87.7'. To work within the constraints of the treeline, the stream will be shifted to the north slightly to allow the streambanks to be graded to 2:1 A 360C Caterpillar (or similar) will be used to complete the proposed work. Armor Stone will be utilized for step -pool construction. Armor Stone will range from 500-2,000 lbs. The variations in the surface of the Armor Stone will be utilized to create a low flow channel through the step -pool structure during construction. After proposed construction is complete, all disturbed areas will be seeded with a native seed mix post construction. No trees will be removed to construct the stream stabilization. All work will be completed within or immediately adjacent to the ROW that is routinely maintained, or the stream channel itself. Access to the stream will be via multiple ROWs/easements from Lake Point Drive, approximately 0.48 miles northeast from the project area. All work will be initiated during a 3-day NOAA No Rain Period. Pump around and dewatering practices will be utilized as necessary to allow work to be completed in the dry and maintain flow downstream. Any sediment -laden water from the work area will be pumped downstream through a sediment filter bag to reduce sediment transport. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No 5b. If the Corps made a jurisdictional determination, what type of determination was made? * Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): George M. Junkin Agency/Consultant Company: American Land Concepts, Inc. Other: 6. Future Project Plans 6a. Is this a phased project?* Yes No O Unknown Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact* 3d. S. name* �3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Pipeline Protection and Stream Stabilization Permanent Fill Trib to Haw River Intermittent Corps 11 Average (feet) 105 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 105 3i. Total stream and ditch impacts: 105 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Since the pipelines are existing infrastructure, impacts could not be avoided to allow safe and continued operations of the pipeline. The project was designed to minimize the impacts to the greatest extent practical by keeping the impacts to stabilize the stream channel within routinely maintained/cleared areas. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Step -pool structure was designed to keep all impacts within the intermittent stream channel and not extend into Haw River. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The project involves stabilizing the stream channel to minimize erosion and sediment transport within a routinely maintained gas pipeline ROW. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 0 V O 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS iPaC System 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NOAA EFH Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC HPOWEB 2.0 - General Audience GIS 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: This is a stream stabilization project to stabilize a deep, eroding channel on a gas pipeline ROW. There is no change to impervious surfaces and surrounding land use is recreational with no development within or adjacent to the project area. 8c. What source(s) did you use to make the floodplain determination?* fema.gov Miscellaneous V' Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document 401_Buffer Pre -filing Meeting Request.pdf 98.09KB PCN Attachments —Cardinal ROW @ Trib to Haw River.pdf 10.12MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Laura Rudolf Signature [goo Aw;Q Date 9/28/2023 O