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