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HomeMy WebLinkAbout20150994 Ver 2_401 Application_20160416• ■.-._s 16b�1 L, LETTER OF TRANSMITTAL S&ME, Inc. 9751 Southern Pine Blvd. Charlotte, NC 28273 (704) 523-4726 (704) 525-3953 fax NC Division of Water Resources 401 Wetlands Unit 512 North Salisbury Street Raleigh, N.C. 27604 Attn: Karen Higgins We are Sending You: ® Attached ❑ Shop drawings ❑ Prints ® Pre -Construction Notification: NWP No. 12 Date: 03.31.16 1 Job No.: 7335-15-005 Attention: Ms. Karen Higgins Re: Revision to Line T-01 Replacement Project ❑ Under separate cover via ❑ Plans ❑ Copy of letter No. Date Copies I Description 1 03.30116 3 Request for Permit Revision 2 03.31.16 1 Check for processing fee These are transmitted as checked below: ❑ For your records ❑ As requested ❑ For Bids Due: the following items: ® For your approval ❑ For review and comment ❑ Prints Returned after Loan to Us ❑ Report Remarks: Karen - Please let us know if you need any additional information in order to process this permit revision. Thanks! Signed: J. Lawler. PWS K 4 2016 DEQ -WATER RESOURCES 401 & BUFFER PERMITTING S&ME, Inc. 19751 Southern Pine Blvd I Charlotte, NC 28273 1 p 704.523.4726 1 f 704.525.3953 1 www.smeinc.com u - V-71 Eam March 31, 2016 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Attention: Mr. David Brown, P.G N.C. Division of Water Resources 401 Wetlands Unit 512 North Salisbury Street Raleigh, North Carolina 27604 Attention: Ms. Karen Higgins Reference: Request for Revision of Existing NWP-12 Authorization Line T-01 Pipeline Replacement Project Polk, Henderson and Buncombe Counties, North Carolina USACE Action ID No. 2015-00457 DWR Project No. 15-0994 S&ME Project No. 7335-15-005 Dear Mr. Brown and Ms. Higgins: Please reference the Line T-01 Pipeline Replacement Project located in Polk, Henderson and Buncombe Counties. The project received initial authorization from the U.S. Army Corps of Engineers (USACE) in accordance with Nationwide Permit No. 12 on December 4, 2015 (SAW Action ID No. 2015-00457). The project was granted authorization by the North Carolina Division of Water Resources (NCDWR) under General Water Quality Certification No. 3884 on November 10, 2015 (DWR Project No. 15-0994). The purpose of this letter is to request re -verification of the previously authorized NWP-12 permit to account for additional minor impacts associated with changing the construction method of one stream (SD01) and adjacent wetland crossing (WD02). In support of this request, please find the following: ♦ Site Vicinity Map (Figure 1); ♦ Appendix I - Original Permit Authorization Letters; ♦ Appendix II - Revised Impact Drawings; Appendix III - Revised Stream Impact Table. Copies of original authorization letters are included in Appendix I. S&ME, Inc. 19751 Southern Pine Boulevard I Charlotte, NC 28273 1 p 704.523.4726 1 f 704.525.3953 1 www.smeinc.com Request for Revision of Existing NWP-12/GC 3884 Authorization S&ME Project No. 7335-15-005 Line T-01 Pipeline Replacement Project March 31, 2016 •'• Purpose of Proposed Revision The proposed crossing subject to this revision is identified as Little Hungry River (SD01), located in an active pasture on the south side of Ward Holler Road in Henderson County. The approximate coordinates of the crossing are 35.343693° N, -82.335905° W). The current crossing of SD01 is currently permitted as a jack and bore. The width of the existing easement is 50 feet on the west bank and 75 feet on the east bank. Additional temporary workspace was eliminated at this crossing, as no impacts were originally proposed. Boring operations began recently, but stalled when the contractor encountered shallow groundwater in excess of what could be pumped from the pit. In addition, extremely sandy subsurface conditions were encountered, and when the auger approached the east bank of the river, the sandy bank began to marginally subside into the auger bore hole. At that time, boring operations were discontinued and the bore pit backfilled. The contractor determined that it was unlikely the bore hole could remain open and the operation continue without the risk of the bank collapsing into the stream, or an inadvertent release of drilling fluid within the stream itself. Given these conditions, we are appealing for a variance to abandon the boring efforts and install the pipe by conventional isolation (dam and pump -around) methods. The work would be conducted in accordance with the same methodology specified for other trenched crossings on the project by first isolating the proposed work area with coffer dams and establishing a clean -water bypass. The pipe would then be installed conventionally "in the dry". Stabilization and restoration of the streambanks will commence immediately following installation of the pipe. The restoration will be conducted in accordance with the project's existing restoration plan, using natural channel materials rather than rip -rap or hard -armoring. •'• Revised Impacts Revisions to the proposed project will result in up to an additional 82 linear feet of stream impact, in order to account for coffer dam placement and work area. The appropriate impact drawing (Figure 115) has been revised and is included in Appendix II. In addition, the pipe will be installed through WD02 by conventional means. However, 0.09 acre of temporary impact to Wetland WD02 was previously authorized to account for disturbance associated with temporary access. Accordingly, additional impacts to WD02 beyond those already permitted will not be required, but for your records, the appropriate drawing (Figure 115) has been updated to indicate that the pipe will be installed through the wetland by conventional means (Appendix II). The project will now result in impacts to 5,685 If of jurisdictional streams. These revised impacts are broken down by type in Table 1 below. Note that additional permanent stream impacts beyond those already authorized are not required. Table 1: Summary of Proiect-wide Stream Impacts Pipeline Construction Activities/Crossings Temporary Construction Permanent Access Roads 1 5,660 1 25 A revised, project -wide Stream Impact Table is included in Appendix III. Page 2 Request for Revision of Existing NWP-12/GC 3884 Authorization S&ME Project No. 7335-15-005 Line T-01 Pipeline Replacement Project March 31, 2016 ❖ Additional Regulatory Considerations A copy of this letter and supporting information is also provided to the N.C. Wildlife Resources Commission and the U.S. Fish and Wildlife Service for their review and comment. Please note that because SDO1 is classified as a trout stream, it is subject to the Rainbow Trout Moratorium, which remains in effect until April 15. As such, the proposed crossing activities specified in the letter will not take place until after April 15 in order to comply with the moratorium. •'• Closing Thank you for your time and consideration of this Request for Revision of the project's existing NWP- 12/CG 3884 Authorization. If you have questions or need additional information, please feel free to contact us at 704.523.4726. Sincerely, S&ME, Inc. Joey Lawler, PWS Project Manager Ilawler@smeinc.com Senior Review by Tom Raymond, P.E. Attachments: ♦ Figures - Site Location Map (Figure 1); ♦ Appendix I - Original Permit Authorization Letters; ♦ Appendix II - Revised Impact Drawings; ♦ Appendix III - Revised Stream Impact Table. Email copies provided to: Andrew Moore — DWR Asheville Regional Office (andrew.w.moore@ncdenr.gov) Bryan Tompkins — USFWS (bryan_tompkins@fws.gov) Andrea Leslie — NC WRC (andrea.leslie@ncwildlife.org) Page 3 Site Location Map Appendix I - Original Permit Authorization Letters U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2015-00457 County: Polk, Henderson, and Buncombe U.S.G.S. Quad: Sk land Fruitland Hendersonville Cliffield Mountain and Mill S rin GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: SCANA / Attu.: Aaron Schwartz Address: 220 Operations Way, MC C_221 Cayce, SC 29033 Telephone Number: 803-211-7112 Size (acres): 315 (26 mile natural gas pipeline right-of-way) Nearest Town: Arden Fletcher Hendersonville and Mill Spring Nearest Waterway: Pinner Creek, Cane Creek, Byers Creek, Featherstone Creek Clear Creek, Devils Fork Sconon Cree Hunery River Little Hungry River Harm Cree Green River Ostia Cree Silver Creek, Little White Oak Creek, and UTs of these streams Coordinates: 35.34742 N, 82.36821 W (center coordinates) River Basin/ HLJC: Upper French Broad (06010105) and Upper Broad (03050105 Location description: The maiority of the project corridor is located in an existing natural gas pipeline rigbt-of-way right-of-waywith short segments of new ri ht-of-wa . The corridor is within Buncombe Henderson and Polk Counties in North Carolina. The northern terminus is near the end of Old Christ School Road in Arden 35.4581 N 82.508$ . From this point the corridor runs south remainina north and roughly arallel to U.S. Interstate 26 for approximately 10 miles through Fletcher. At approximately 1 5 miles north of Hendersonville, the corridor crosses U.S. Highway 60 (Chimney Rock Road) and trends east for approximately 16 miles to its southern terminus ad'acent to Silver Creek Road 35.3032 N 82.1746 23, approximately one mile west of the intersection of N.C. Highway 9 and N.C. Highway 108 in Mill Spring. - Description:of projects area and activity: This permit verification authorizes 5,578 linear feet of temporary stream impacts and 25 linear feet of permanent stream impacts to Pinner Creek Cane CreekB ers Creek,Featherstone CreekClear Creek Devils Fork Sconon Creek Hungry River Little Hungry River Harm Creek, Green River stip Cree Silver Cree Little White Oak CreeL and unnamed tributaries fUT0 of these streams. Also this permit verification authorizes 3.82 acres of temporary impacts to wetlands, 0.06 acres of permanent impacts to wetlands and 0.11 acres of permanent impacts too en water. These im acts are associated with activities re uired to replace agyroximately 26 miles of aging 8 -inch diameter natural gas pipeline with a new 20 -inch diameter natural gas pipeline. Special Condition(s). 1 Per comments from the North Carolina Wildlife Resources Commission no work in the Hunary River and UTs of the Hungry River will be perform during the Rainbow troutspawning moratorium between January, 1 and Alpril 15.2 Per comments from the U.S. Department of Interior Fish and Wildlife Service SFWS no tree clearing/cutting clearing/cuttingwill be conducted in the project corridors between May 15 and August 15 to minimize potential impacts to maternity roost trees for the northern long-eared bat (Myons septentrionaN during pup season 3) The proiect work must be overseen and inspected by SCANA ora qualified representative for SCANA to ensure the project is conducted in accordance with submitted plans and the conditions of this permit verification. Inspections re orfs are to be submitted to the Corps every 2 weeks summarizin progress of the proiect, work is being conducted in accordance with the submitted plans and terms and conditions of this permit verification noting any deficiencies and actions taken to correct deficiencies. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 12 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS 'Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, above noted special condition(s) and your submitted application and attached information dated September 25, 2015 and updated November 2, 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David Brown at 828-271-7980, eat. 232 or david.w.brown@usace.army:mil. Corps Regulatory Official ,Date: December 4, 2015 David Brown Expiration Date of Verification: March 18, 2017 Determination of Jurisdiction: A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). . B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued November 19, 2015. Action ID: SAW -2015-00457. Basis for Determination: See basis of determination noted in issued preliminary determination on November 19, 2015 under action ID SAW -2015- 00457. Remarks: Corps issued preliminary determination on November 19, 2015 under action ID SAW -201.5-00457. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by NIA. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official:�---- David Brown Issue Date of JD: November 19, 2015 Expiration Date of JD: N/A The Wilmington District is committed to providing the highest level of support to the,public, To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://regulatory.usacesurvey.coml. Copy furnished: S&MB, Inc., Attn.: Joey Lawler, 9751 Southern Pine Boulevard, Charlotte, NC 28273 Action I15 Number: 2015-00457 County: Polk, Henderson, and Buncombe Permittee: SCANA / Attn.: Aaron Schwartz Project Name: PSNC Line T-01 Pipeline Replacement Date Verification Issued: December 4, 2015 Project Manager: David Brown Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn.: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and.required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ADMV4WTRATM SAL OMM eILN`I>< PROMS AND ^ A licant: SCANA / Attn.: Aaron Schwartz File Number. SAW-2015-00457 Date: November 19, 2015 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SBM04 04 I - Tbo fblkywing kletihfies YOW r0ft and options regar&v an ive MmW of the above vision. Additional h&rmation .may be sound at or COMS reaulations at 33 CFR Part 33l . A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section lI of this form and return the form to the district engineer.. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT. You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAX. DETERMINATION: You do not need to respond to the Corps regarding the. preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. 'TION R - FOR APRBAL or OBJECTION To AN I1;Il"TIAL PROFFERED PST REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR g1j§TTONS OR TIpN: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn.: Mr. Jason Steele, Administrative Appeal Review Officer David Brown CESAD-PDO 828-271-7980, ext 232 U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations- nvesti ations_Date: Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary November 10, 2015' DWR# 15-0994 - Polk, Henderson, & Buncombe Counties PSNC—A SCANA Company Attn: Craig Bodie 100 SCANA Parkway, MC 202 Cayce, SC 29033-3712 Subject: APPROVAL OF 401 WATER QUALITY' CERTIFICATION WITH ADDITIONAL CONDITIONS Line T-01 Pipeline Replacement Project Dear Mr. Bothe: - - You have our approval for the impacts listed below for the purpose described in your application dated September 23, 2015, and received by the Division of Water Resources (Division) on September 25, 2015, with additional information received on November. 2, 2015. These Impacts are covered by the attached Water Quality General Certification Number 3884 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations: This: approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: '- 1. The following impacts are hereby approved provided that all of the other specific and general - conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A'NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved (units) Permanent's Amount Approved (units) Temporary Streams Impacts 25 (feet) 5,578 (feet) Wetlands..'. Impacts 0.06 (acres) 3.82 (acres) Open Will Impacts 0.11 (acres) Division of Water Resources —Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828-296-0500 \ FAX: 828-299-7093 Internet: http://ponal.ncdenr.org/web/wq/ws An Equal Opportunity \ Affirmative ARlgn Employer Line T-01 Pipellne Replacement Project 0WR#15-0994 401 APPROVAL Page 2of4 i -.--2. This approval is for the purpose and design described in your application. Thep] an sands specifications. for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H.0507(d)(2)] 3. Streams SC07, SC09, SC09A, SC10, SC11, SC12, SC14, SC15, SDO1, and SDOIA are Class C Trout Waters.. In order to protect downstream uses for Class C Trout Waters a requirement of this Certification is that any work conducted within these streams may not occur between the dates of January 1 through April 15. [15A NCAC 02H .0506-.(b)(2) and 15A NCAC 0413.01251 - 4. This authorization exempts the Permittee from meeting Condition #6 (Work in the Dry) in the attached general certification. for the temporary impacts associated with the Green River crossing(SA14). The crossing shall be constructed as proposed in the Response to RequestforAdditional Information: NWP No. 121WQC No. 3884 letter dated; November:2, 2015. Turbidity monitoring shall be conducted hourly in the Green River during construction activities. Turbidity shall be monitored Immediately upstream. of the disturbance and downstream of the back-up turbidity curtain. The Permittee shall maintain records of the turbidity samplerresults. If downstream turbidity exceeds upstream turbidity by 50 Nephelometric Turbidity Units. (NTUs) or more, in stream work shall stop until the cause of the excess .turbidity is remediated, and downstream turbidity falls to within 50 NTUs of upstream turbidity.. The Permittee shall take all reasonable measures to construct in -stream structures while keeping heavy equipment out of the stream channel. All reasonable steps must be taken to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during construction. This exemption does not relieve the Permittee of meeting stream standards as. indicated. in. 15A NCAC 028. [15A NCAC 02H .0506(f)] - S. The. applicant and/or authorized agent shall contact Andrew Moore in the Division Asheville Regional Office in writing or via email a minimum of 5 business days prior to the commencement of construction associated with the Green River Crossing (SA14). [15A NCAC 02H .0507 (c) and 15A NCAC 02H.0502 (e)] - 6. This authorization exempts the Permittee from meeting. the portion of Condition #10 related to the orientation of utility line crossings in the attached general certification. This exemption only applies to those stream crossings in which the existing utility easement does not cross the stream within the tolerance noted in the attached general certification. The Permittee shall take all reasonable steps to cross streams as near to perpendicular as will allow within the existing utility easement. 7. This authorization exempts the Permittee from meeting Condition #16 in the attached general certification. The construction corridor shall be limited to 50 feet in width at stream and wetland crossings as described in the application. line T-01 Pipeline Replacement Project OWRN35-0994 - 401APPROVAL Page 3 of 4 -- -B:- All temporary impacted areas will be restored to pre -construction natural conditions upon completion of the project. Native vegetation shall be used for wetland and stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 9. Fueling, lubrication andgeneral equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506 (b)(3)] 10. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide. each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC O2H .0507 (c) and 15A NCAC 02H.0506 (b)(2) and (c)(2)] - 11. Visual monitoring of the project shall be conducted at a minimum of quarterly for the first year or two bankfull events ,(whichever is longer), and then annually: until the site is stable (particularly after storm events). and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement,. which requires coordination with the Asheville Regional Office to ensure. the stability and water quality of the streamand downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification: can be contested as provided: in Articles 3 and 4 of General Statute 1508 by filing a written' .petition for an administrativehearing to the Office. of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. - A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normaloff ice hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the originaland one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following: the faxed transmission. - Line T-01 Pipeline Replacement Project DWR#15-0994 401APPROVAL Page 494 - Mailing addressor the OAH:- -- ---- -- If sending via US Postal Service: if sending via delivery service (UPS, FedEx etc): Office of Administrative Hearings Office of Administrative Hearings - 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of thepetition must also be served to. DENR: - Sam M: Hayes General Counsel - Department of Environmental Quality 1601 Mail Service Center - Raleigh., NC 27699-1601 This letter completes the review bythe Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or Andrew.W:Moore@ncdenr.¢ov if you. have any questions or concerns. Sincerely, G. Landon Davidson, P.G, Regional Supervisor 'Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3884 - CertificateofCompletlon cc: Joey Lawler —S&ME, Inc. (via email) David Brown— USACE Asheville Regulatory Field Office (via email)Andrea Leslie -NCWRC (via email) - - Stan Aiken — Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files - DWR 401 and Buffer Permitting Unit G:\WR\Wq\Polk\401s\Non-DOT\Line T-01 Pipeline Replacement Project\APRVL.LineT-OIPipellneReplacementPmlect.11-10-15.doc Appendix II - Revised Impact Drawings Appendix III - Revised Stream Impact Table REVISED STREAM IMPACT TABLE Line T-01 Pipeline Replacement Project - Polk, Henderson & Buncombe Counties, N.C. Table Revised on March 31, 2016 S&ME Project No. 7335-15-005 Name A Map No. Flow Regime ImpactStream .; Temporary Permanent ngitud 10 4 Impact (LF) Impact (LF) SA01 22 Perennial Temporary disturbance / trenching 50 0 35.306692 82.174284 SA03 (Little White Oak Creek) 23 Perennial Temporary disturbance / trenching 51 0 35.31003 82.185002 SA04 24 Perennial Avoided (bore) 0 0 35.312414 82.194188 SA05 25 Perennial Avoided (bore) 0 0 35.312534 82.194544 SA07 (Silver Creek) 26 Perennial Temporary disturbance / trenching 68 0 35.31424 82.203389 SA08 27 Perennial Temporary disturbance / trenching 55 0 35.31548 82.215646 SA09 (Ostin Creek) 28 Perennial Temporary disturbance / trenching 53 0 35.315614 82.216655 SA11 29 Perennial Temporary disturbance / trenching 50 0 35.316369 82.223516 SA12 30 Perennial Temporary disturbance / trenching 84 0 35.322976 82.24365 SA15 31 Intermittent Temporary disturbance 88 0 35.323324 82.246783 SA14 (Green River) 32 TNW Temporary disturbance / trenching 169 0 35.323753 82.24685 S1302 33 Perennial Temporary disturbance / trenching 69 0 35.326406 82.259587 SA17 34 Perennial Temporary disturbance / trenching 52 0 35.328741 82.261666 SA19 35 Perennial Temporary disturbance / trenching 251 0 35.332824 82.267816 SA20 (Harm Creek) 36 Perennial Temporary disturbance / trenching 66 0 35.333638 82.277597 SA22 37 Perennial Temporary disturbance / trenching 64 0 35.333863 82.286201 SC04 38 Perennial Temporary disturbance / trenching 59 0 35.330499 82.301789 SC01 (Harm Creek) 39 Perennial Temporary bank disturbance 156 0 35.330675 82.303472 SC07 40 Perennial Temporary disturbance / trenching under culvert 74 0 35.333473 82.308484 SC09 (Hungry River) 41 Perennial Temporary disturbance / trenching 103 0 35.337241 82.316491 SC10 42 Intermittent Temporary disturbance 61 0 35.337338 82.316549 SC11 43 Intermittent Temporary disturbance / trenching 77 0 35.337785 82.31776 SC12 44 Perennial Temporary disturbance / trenching 94 0 35.337833 82.318345 SC15 45 Perennial Temporary disturbance / trenching 80 0 35.338341 82.324347 S13O1 (Little Hungry River) 46 Perennial Temporary disturbance / trenching 82 0 35.343713 82.335869 Stream Na Map No. Flow Regime Impact ImpactImpact SD46 (Sconon Creek) 47 Perennial Temporary disturbance / trenching 52 0 35.345882 82.346229 SD03 (Tumblebug Creek) 48 Perennial Temporary disturbance / trenching 51 0 35.34525 82.350941 SC19 49 Perennial Temporary disturbance / trenching under culvert 17 0 35.34732 82.364006 SC16 50 Perennial Temporary disturbance / trenching 54 0 35.347417 82.368213 SC17 51 Intermittent Temporary disturbance 6 0 35.347647 82.370139 SC18 52 Perennial Temporary disturbance / trenching 69 0 35.347711 82.371049 SC21 53 Perennial Temporary disturbance 13 0 35.350175 82.382257 SD05 54 Perennial Temporary disturbance / trenching under culvert 33 0 35.351009 82.387365 SD06 (Devils Fork) 55 Perennial Temporary disturbance / trenching 53 0 35.351185 82.38852 SD07 56 Perennial Temporary disturbance / trenching 32 0 35.353455 82.39956 SC24 57 Perennial Temporary disturbance / trenching 62 0 35.353482 82.400321 SD08 (Wolfpen Creek) 58 Perennial Temporary disturbance / trenching 64 0 35.352528 82.408053 SC25 59 Perennial Temporary disturbance / trenching 31 0 35.355077 82.413805 SC27 60 Perennial Avoided (HDD) 0 0 35.358824 82.427138 SD10 (Clear Creek) 61 TNW Avoided (HDD) 0 0 35.359179 82.429092 SD11 62 Perennial Temporary disturbance / trenching 56 0 35.360303 82.436653 SD12 63 Perennial Temporary disturbance / trenching 570 0 35.361196 82.437822 SD13 64 Perennial Temporary disturbance / trenching 53 0 35.366091 82.443904 SD14 65 Perennial Temporary disturbance / trenching 81 0 35.370213 82.449443 SD15 66 Perennial Avoided (bore) 0 0 35.370648 82.45158 SD15 67 Perennial Temporary disturbance 95 0 35.370835 82.451941 SD16 68 Perennial Temporary disturbance / trenching 109 0 35.377888 82.461806 SD18 (Featherstone Creek) 69 Perennial Temporary disturbance / trenching 62 0 35.378132 82.465188 SD19A 70 Perennial Avoided (bore) 0 0 35.381757 82.467729 SD19B 71 Perennial Temporary disturbance / trenching 166 0 35.384162 82.469401 SD19C 72 Perennial Temporary disturbance / trenching 99 0 35.384807 82.469764 SD22 73 Perennial Temporary disturbance / trenching 64 0 35.387551 82.470529 SD24 (Byers Creek) 74 Perennial Temporary disturbance / trenching 57 0 35.397547 82.482856 Stream Name Map No. Flow Regime Impact ..Impact SD25 75 lIntermittent Avoided (bore) 0 0 35.397952 82.484921 SD27 76 Perennial Temporary disturbance / trenching 320 0 35.401195 82.486936 SD30 77 Perennial Temporary disturbance / trenching 53 0 35.407617 82.490215 SD31 78 Perennial Temporary disturbance / trenching under culvert 53 0 35.411807 82.491547 SD32A 79 lIntermittent Temporary disturbance / trenching 52 0 35.413022 82.491882 SD34 80 Intermittent Temporary disturbance / trenching 171 0 35.417601 82.493307 SD35 81 Perennial Temporary disturbance / trenching 102 0 35.42056 82.493543 SD36 82 Perennial Temporary disturbance / trenching 50 0 35.422939 82.493249 SC29 (Cane Creek) 83 TNW Avoided (HDD) 0 0 35.426333 82.493041 SC30 84 Perennial Temporary disturbance / trenching 51 0 35.428942 82.492813 SC31 85 Perennial Temporary disturbance / trenching 248 0 35.432472 82.492128 SC32 86 Perennial Temporary disturbance / trenching 53 0 35.436007 82.49163 SD38 (Pinner Creek) 87 Perennial Avoided (bore) 0 0 35.439326 82.491617 SD39 88 Perennial Temporary disturbance / trenching under culvert 14 0 35.445048 82.494754 SD40 89 Perennial Temporary disturbance / trenching 161 0 35.449233 82.498524 SD41 (Pinner Creek) 90 Perennial Temporary disturbance / trenching under culvert 74 0 35.449743 82.498737 SD42 91 Perennial Temporary disturbance / trenching 61 0 35.456215 82.50478 SD43 92 Intermittent Avoided (bore) 0 0 35.45628 82.505233 SD44 93 Perennial Temporary disturbance / trenching 71 0 35.457468 82.50765 SD45 94 Perennial Temporary disturbance / trenching 80 0 35.457595 82.507841 SEA01 95 Perennial Permanent Culverting 0 25 35.311285 82.204383 SC01A (Hungry River) 96 Perennial Temporary access road crossing 72 0 35.332515 82.317429 UTl 97 Intermittent Temporary access road crossing 27 0 35.333516 82.316721 SC14 98 Perennial Temporary access road crossing 32 0 35.337625 82.318508 SDOlA (Little Hungry River) 99 Perennial Avoided (bridged) 0 0 35.344945 82.333683 SC27A 100 Perennial Temporary disturbance for culvert jupgrades 10 0 35.357965 82.427496 Totals: 5660 1 25