20080853 Ver 1_Report_20080521

WETLAND & ECOLOGICAL CONSULTANTS, LLC
May 20, 2oo8
Mr. Steve Chapin
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Ave., Room 208
Asheville, North Carolina 28801
.M
0 8- 0 8 5 2
MAY 2 1 2008
DENK - WAl tR LI 'AU I V
WETLANDS AND STORMWATER BRANCH
Subject: Preconstruction Notification
Nationwide Permit Nos. 3 and 18
Colonial Pipeline Company Exposed Pipe Maintenance
Majolica Road, Long Creek, and Hambright Road Sites
Line 2 - Pipe Exposure
Rowan and Mecklenburg Counties, North Carolina
WEC Project No. 02-041901
Dear Mr. Chapin:
On behalf of our client, Colonial Pipeline Company (CPC), Wetland & Ecological
Consultants (WEC) respectfully requests authorization for the above referenced project
pursuant to Nationwide Permit (NWP) Nos. 3 and 18 for Maintenance and Minor
Discharges, for the required maintenance of CPC's existing Line 2 pipeline. The use of
NWP 18 for these projects requires the submittal of this preconstruction notification
(PCN). The proposed actions consist of maintenance activities (NWP 3) required for an
existing and serviceable petroleum pipeline located within a maintained right-of-way
(ROW), and subsequent streambed stabilization and pipeline protection (NWP 18). The
proposed activities will require temporary disturbances to jurisdictional waters at these
locations: i) an unnamed tributary to Draft Branch near Majolica Road (N35° 22.871'
and W80° 50.355') in Rowan County; 2) Long Creek (N35° 20.62o' and W80° 52.091') in
Mecklenburg County; and 3) an unnamed tributary to Torrence Creek near Hambright
Road (N35° 41.419' and W8o° 31.936') in Mecklenburg County (Figures 1- 3).
Background
CPC is committed to operating their pipelines and support facilities in a manner that
protects the safety of the public, environment, and its workforce. The proposed pipeline
maintenance will be performed to prevent potential damage to the pipeline and ensure
3225 South Cherokee Lane Phone: 77o-591-999o
Bldg.8oo Fax: [phone]
Woodstock, Georgia 3o188 ivww.wet-eco.com
PCNNWPNos. 3 and i8 May 20, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. o2-o419oi
Majicola Road, Long Creek, and Hambright Road
pipeline integrity. CPC's above referenced maintained ROW, contains two pipelines that
transport refined petroleum: Line 1, 40-inch diameter; Line 2, 36-inch diameter. At the
above referenced sites, bank erosion and streambed degradation has exposed Line 2
within the stream channel, significantly reducing the required cover protection level of
the pipeline. As required by the U.S. Department of Transportation (USDOT), CPC must
inspect and repair the exposed pipelines at these locations.
Proposed Activity in Waters of the U.S.
The maintenance activities will require temporary disturbance to approximately 5o
linear feet of an unnamed tributary to Draft Branch (Majolica Road), 8o linear feet of
Long Creek, and 8o linear feet to an unnamed tributary to Torrence Creek (Hambright
Road), to stabilize the stream banks and protect the existing pipeline at these locations.
To ensure the integrity of the line 2 at these locations, CPC will initially inspect the
pipeline for any damages. This will require CPC to excavate a small area over the
pipeline to inspect the pipeline for damage. To minimize sedimentation to the creek
during the inspection and subsequent maintenance activity, temporary dams will be
constructed at each end of the maintenance area and the stream flow will be pumped
around the maintenance area at each site. The dams will be constructed of sandbags or
other suitable material, and the pump capacity will be able to sufficiently accommodate
the stream flow. The pumps will be installed above the upstream dam with the discharge
line routed through the maintenance area, discharging immediately downstream of the
downstream dam (Appendix A).
As an alternative method to using a pump, CPC may use a steel pipe flume to convey the
stream flow through the reach of stream to be disturbed. The flume will be used to
maintain flow to the downstream side of the disturbed area, and the excavation will be
carried out under the flume (Appendix B). Both techniques allow the maintenance to
take place without contact to flowing water (i.e., "in the dry"), thus reducing downstream
sedimentation.
Following the inspection of the pipeline and the completion of the pipeline maintenance
activities, the pipeline will be protected using pre-cast concrete revetment mats placed
2
PCNNWPNos. 3 and i8 May 2o, 2oo8
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. o2-o4igoi
Majicola Road, Long Creek, and Hambright Road
within the existing CPC ROW, over the pipeline. Specifically, the pre-cast revetment
mats will be placed within a 5o-linear foot segment of the stream channel of the
unnamed tributary to Draft Branch (Appendix C), an 8o-linear foot segment of the
stream channel at Long Creek (Appendix D), and an 8o-linear foot segment of the
stream channel of the an unnamed tributary to Torrence Creek (Appendix E).
Additionally, CPC will place riprap on the stream banks above ordinary high water mark
on both sides of the revetment mats at Long Creek within the existing CPC ROW. This
approach will increase bank stabilization and provide long-term protection of the
pipeline. The quantity of this "fill material" (i.e., revetment mat) below the plane of the
ordinary high water mark will be less than 25 cubic yards at each location.
The pre-cast concrete revetment mats will be used to cover and protect the pipeline while
stabilizing the excavated portions of the streambed. The reshaped stream banks will be
stabilized with geotextile erosion control mats, and CPC's Soil Erosion and
Sedimentation Control Plan will be implemented to protect the streams from
sedimentation (Appendix F). There will be no disturbance to jurisdictional waters
located outside of CPC's ROW.
Nationwide Permit General Conditions Summary
We have provided the following information to document compliance with the USACE
NWP general conditions. Each condition and subcategory is itemized below.
General Condition-1 - Navigation
The project site does not occur within navigable waters.
General Condition 2 - Aquatic Life Movements
The discharge of fill activity within the stream will be minimal. The revetment mats
will be "keyed" into the streambeds, and will not impede the passage of normal
stream flow or aquatic life.
General Condition ? - Spawning Areas
Not applicable.
General Condition 4 - Migratory Bird Breeding Areas
Not applicable
3
PCNNWPNos. 3 and 18 May 20, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance %EC Project No. 02-041901
Majicola Road, Long Creek, and Hambright Road
General Condition - Shellfish Beds
Not applicable
General Condition 6 - Suitable Material
Only material excavated from the maintenance area will be replaced within the
trench following maintenance completion. As described above, the concrete
revetment mats are pre-cast and hardened before they are placed in the stream.
General Condition 7 - Water Supply Intakes
The proposed construction does not include a water supply intake.
General Condition 8 - Adverse Effects from Impoundments
Not applicable.
General Condition g - Management of Water Flows
During the proposed activity, water flows will be maintained by the use of either a
dam and pump system (Appendix A) or a flume used to convey the flow of the
stream (Appendix B). The concrete revetment mats will be "keyed" in to the
upstream end of the disturbed areas to prevent impediment of streamflow
(Appendices C - E)).
General Condition lo - Fills Within ioo-Year Floodplains
The project will not result in above grade fill placed within the loo-year floodplain.
General Condition ii - Equipment
Equipment will be operated from the stream banks.
General Condition 12 - Soil Erosion and Sediment Controls
Best Management Practices and proper erosion and sedimentation controls will be
followed during the maintenance activities (Appendix F).
General Condition 13 - Removal of Temporary Fills
All temporary water flow diversion devices will be removed immediately following
the maintenance activity.
General Condition ig - Proper Maintenance
The existing pipelines and ROW will continue to be maintained and inspected on a
regular basis to ensure public safety.
4
PCN NWP Nos. 3 and 18 May 20, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. o2-o419oi
Majicola Road, Long Creek, and Hambright Road
General Condition 15 - Wild and Scenic Rivers
The project sites are not located in or adjacent to a Wild and Scenic River.
General Condition 16 - Tribal Rights
The project sites are not located within or adjacent to an Indian reservation or
nation.
General Condition 17 - Endangered Species
No impacts to federally protected species are expected from this project. According
to current U.S. Fish and Wildlife Service (USFWS) data, the federally protected
species listed as potentially occurring in Rowan County are the bald eagle
(Haliaeetus leucocephalus) and Schweinitz's sunflower (Helianthus schweinitzit).
These species are also listed in addition to the Carolina heelsplitter (Lasmigona
decorata), Michaux's sumac (Rhus michauxit), and smooth coneflower (Echinacea
laeuigata) in Mecklenburg County. None of these species were observed at the
maintenance locations (i.e., on the existing and maintained pipeline ROW) during a
field inspection of the site conducted by WEC on May 14, 2oo8. It is important to
note that the Carolina heelsplitter is believed to be extirpated from Mecklenburg
County. Further, in North Carolina, the heelsplitter is found near stable, well-
shaded stream banks which are not present at the pipeline maintenance locations at
Long Creek or the unnamed tributary to Torrence Creek in Mecklenburg County.
General Condition 18 - Historic Properties
The proposed activities will be conducted within the existing pipeline ROW, which
has been previously disturbed; thus no archeological resource impacts are probable.
No historic structures were noted within the project areas, and no aboveground
structures are proposed for construction. Therefore, the proposed pipeline
protection activities will have no adverse affects to cultural resources in the project
vicinity.
General Condition ig - Designated Critical Resources Waters
Not applicable.
General Condition 20 - Mitigation
The proposed pipeline maintenance activities have been designed to avoid and
minimize impacts to jurisdictional waters to the maximum extent practicable. The
temporary stream disturbances do not exceed any of the USACE, Wilmington
District, Nationwide Permit Regional Conditions requiring mitigation (Refer to
USACE, Wilmington District Regional Condition 3 (2) below). Nevertheless, the
proposed stream/bank stabilization completed to maintain and protect the existing
pipelines will result in improved water quality of the stream by reducing soil/bank
erosion, which will offset the minor/temporary disturbances associated with the
required pipeline maintenance. To ensure that the existing plant community is
reestablished following the proposed activity, CPC will segregate the topsoil
containing seeds and rhizomes from the rest of the excavated soil. Upon completion
5
PCNNWPNos. 3 and 18 May 20, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-041901
Majicola Road, Long Creek, and Hambright Road
of the maintenance activity, the excavated area will be backfilled, and the topsoil will
be returned to the top of the excavated area.
General Condition 21 - Water Quality
The activity will be in accordance with the conditions of the DWQ General
Certifications for NWP 3 (WQC NO. 3687) and NWP 18 (WQC No. 3705).
General Condition 22 - Costal Zone Management
Not applicable.
General Condition 23 - Regional and Case-By-Case Conditions
The Wilmington District Final Regional Conditions for Nationwide Permits
1.0 Excluded Waters:
1.1 Waters designated as anadromous fish spawning areas work is
prohibited from February 15 - April 30, unless approved by North
Carolina Division of Marine Fisheries or North Carolina Wildlife
Resource Commission and the U.S. Army Corps of Engineers.
Not applicable.
1.2 Waters within North Carolina's 25 designated trout counties work
is prohibited from October 15 - April 15, unless approved by North
Carolina Wildlife Resources Commission.
Not applicable.
1.3 Waters of the U.S. designated as sturgeon spawning areas work is
prohibited from February 1 - June 30, unless approved by
National Marine Fisheries Service.
Not applicable.
2.0 Waters subject to additional notification requirements:
2.1 Waters of the U.S. that require a PCN and are within the 16 North
Carolina counties with tributaries that drain to designated critical
habitat for protected species.
As required, a copy of the PCN will be sent to the Asheville
USFWS office since two of the locations are located in
Mecklenburg County.
6
PCN NWP Nos. 3 and i8 May 20, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-041901
Majicola Road, Long Creek, and Hambright Road
2.2 Waters designated as "Outstanding Resource Waters" (ORW),
"High Quality Waters" (HQW), "Inland Primary Nursery Areas"
(IPNA), contiguous wetlands, or "Primary Nursery Areas" (PNA).
Not applicable.
2.3 Waters in a designated "Area of Environmental Concern" (AEC) in
the 20 coastal counties of eastern North Carolina.
Not applicable.
2.4 Waters on a Barrier Island of North Carolina.
Not applicable.
2.5 "Mountain or Piedmont Bog" of North Carolina.
Not applicable.
2.6 Animal Waste Facilities of North Carolina.
Not applicable.
2.7 Mountain Trout Waters within the 25 designated counties of
North Carolina.
Not applicable.
3.0 List of Final Wilmington District Regional Modifications and Conditions
for All Nationwide Permits:
3.1 NWPs may not be used for activities that may result in the loss or
degradation of greater than 300 total linear feet of perennial,
intermittent, or ephemeral streams that exhibits important
aquatic function(s). Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed
activity.
The proposed activities will disturb less than 300 linear feet of
stream at each site.
3.2 For any NWP that results in impacts more than i5o total linear
feet of perennial and/or ephemeral/intermittent stream, the
applicant shall provide a mitigation plan to compensate for the
loss of aquatic function, associated with the proposed activity. For
stream impacts of less than 150 linear feet compensatory
mitigation is determined on a case by case basis.
Stream impacts are less than i5o linear feet at each site, and the
proposed pipeline protection activity will improve water quality
7
PCNNWPNos. 3 and i8 May 20, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-o4igoi
Majicola Road, Long Creek, and Hambright Road
and the aquatic environment by reducing bank erosion and stream
turbidity.
3.3 For any NWP that results in a loss of more than 150 linear feet of
perennial and/or intermittent/ephemeral stream, the applicant
must comply with NWP General Condition 27 (PCN).
Not applicable (i.e., less than 150 linear feet of stream); however, a
PCN is required for NWP 18 and compliance with NWP General
Condition No. 27 has been provided by the submission of this
PCN.
3.4 For all NWPs which allow the use of concrete as a building
material, measures will be taken to prevent live or fresh concrete,
including bags of uncured concrete from coming into contact with
waters of the state until the concrete has hardened.
The concrete revetment mats that will be used to stabilize the
streambeds and protect the pipelines from future exposures are
pre-cast and hardened before they are placed in the streams.
3.5 For all Nationwide Permits that allow for the use of riprap
material for bank stabilization:
3.5.1 Filter cloth must be placed underneath the riprap as an
additional requirement of its use in North Carolina waters.
Riprap will be placed on the stream banks above the
ordinary high water mark (OHWM) at the Long Creek site.
Filter cloth will be placed under the riprap.
3.5.2 The placement of riprap shall be limited to areas depicted
on submitted work plan drawings.
Riprap will be limited to the area indicated on Appendix D.
3.5.3 The riprap material shall be clean and free from loose dirt
or any pollutant except in trace quantities that would not
have an adverse environmental effect.
The riprap will be clean/free of dirt.
3.5.4 It shall be of a size sufficient to prevent its movement from
the authorized alignment by natural forces under normal
conditions.
The riprap will be of sufficient size to prevent movement
downstream.
8
PCNNWPNos. 3 and i8 May 20, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-041901
Majicola Road, Long Creek, and Hambright Road
3.5.5 The riprap material shall consist of clean rock or masonry
material such as, but not limited to, granite, marl, or
broken concrete.
The riprap materials used will consist of clean rock or
masonry material.
3.5.6 A waiver from the specifications in this Regional Condition
may be requested in writing. The waiver will only be issued
if it can be demonstrated that the impacts of complying
with this Regional condition would result in greater
adverse impacts to the aquatic environment.
Not applicable.
3.6 For all NWPs that involve the construction of culverts, measure
will be included in the construction that will promote the safe
passage of fish and aquatic organisms. The dimension, pattern,
and profile of the stream above and below a pipe or culvert should
not be modified by widening the stream channel or by reducing
the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed opening
should be such as to pass the average historical low flow and
spring flow without adversely altering flow velocity. Spring flow
should be determined from gage data, if available. In absence of
such data, bankfull flow can be used as a comparable level.
Not applicable.
3.7 Applicants shall notify the NCDENR Shellfish Sanitation Section
prior to dredging in or removing sediment from an area closed to
shell fishing where the effluent may be released to an area open for
shell fishing or swimming in order to avoid contamination of the
disposal area and allow a temporary shellfish closure to be made.
Any disposal of sand to the beach should occur between November
i and April 30 when recreational usage is low. Only clean sand
should be used and no dredged sand from closed shell fishing
areas. If beach disposal was to occur at times other than stated
above or if sand from a closed shell fishing area is to be used, a
swim advisory shall be posted, and a press release shall be made.
Not applicable.
3.8 Adverse impacts to Submerged Aquatic Vegetation are not
authorized by any NWP within any of the 20 costal counties.
Not applicable.
9
PCNNWPNos. 3 and i8 May 20, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-041901
Majicola Road, Long Creek, and Hambright Road
4.o Additional Regional Conditions for Specific Nationwide Permits:
NWP 18 may not be used in conjunction with NWP 14 to create
upland.
Not applicable.
North Carolina Division of Water Quality (DWQ) General Certification Conditions for
NWP 18 (MC No. 3705)
No impacts beyond those authorized in the written approval or beyond the
threshold of use of this certification shall occur.
The only impacts shall be those described above.
2. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining
Manual" whichever is more appropriate shall be in full compliance with all
specifications governing proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance
with the appropriate turbidity water quality standard.
Best Management Practices and proper erosion and sedimentation
controls will be followed during the maintenance activity (Appendix F).
3. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of
Land Resources has released the project.
All erosion control devices (i.e., silt fence and staked hay bales) will be
removed upon the re-establishment of vegetation at the site.
4. Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) an NPDES General stormwater permit
(NCGoioooo) administered by the Division is automatically issued to the project.
Not applicable.
5. If activities must occur during periods of high biological activity (i.e. sea turtle or
bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
Not applicable.
6. All work in or adjacent to stream waters shall be conducted in a dry work area.
Techniques will be used that allow the maintenance to take place without
contact to flowing water (i.e., "in the dry"), thus reducing downstream
sedimentation (Appendices A and B).
10
PCNNWPNos. 3 and 18 May 20, 2oo8
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. o2-o4igoi
Majicola Road, Long Creek, and Hambright Road
7. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River
Basins [or any other major river basins with Riparian Area Protection Rules
(Buffer Rules) in effect at the time of application] require written concurrence
under the above referenced Certification.
None of the sites are located in the Neuse, Tar-Pamlico, or Randleman
River Basins.
8. The vegetative buffer shall be maintained adjacent to all perennial waters except
for allowances as provided in the Water Supply Watershed Protection Rules [15A
NCAC 2B.0212 through .0215].
The riparian buffer use is existing and ongoing, as specified in the DWQ
"Redbook" [15A NCAC 02B.0243 (3)(a)], the activity is exempt from the
riparian buffer protection permitting requirements.
9. If concrete is used during the construction, then a dry work area should be
maintained to prevent direct contact between curing concrete and stream water.
See General Condition 6 - USACE, Wilmington District Regional
Condition 3.3•
10. Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial
and intermittent stream impacts equal to or exceeding 15o feet and that require
application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I and WS-II.
Not applicable, less than 150 linear feet of stream impacts proposed at
each site.
11. For all activities requiring re-alignment of streams, a stream relocation plan must
be included for written Division approval.
Not applicable, the streams will not be relocated.
12. Additional site-specific stormwater management requirements may be added to
this Certification for any project that requires a 404 Permit or Isolated Wetlands
Permit, and contains one or more drainage areas that area anticipated to have
impervious surface cover of equal to or greater than 24 percent.
Not applicable.
13. Placement of culverts and other structures in waters, streams, and wetlands must
be placed below the elevation of the streambed to allow low flow passage of water
and aquatic life.
The revetment mat will be placed below the streambed elevation as
depicted in Appendices C - E.
11
PCNNWP Nos. 3 and M May 20, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. o2-o4i9oi
Majicola Road, Long Creek, and Hambright Road
14. Additional site-specific condition may be added to the written approval letter for
projects proposed under this Water Quality Certification in order to ensure
compliance with all applicable water quality and effluent standards.
As proposed, this project is in compliance with all applicable water quality
and effluent standards.
15. If an environmental document is required under the National or State
Environmental Policy Act (NEPA or SEPA), then this General Certification is not
valid until a Finding of No Significant Impact (FONSI) or Record of Decision
(ROD) is issued by the State Clearinghouse.
Not applicable.
16. If this Water Quality Certification is used to access building sites, then all lots
owned by the applicant must be buildable without additional impacts to streams
or wetlands.
Not applicable.
17. Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact.
Not applicable.
18. When written authorization is required for use of this certification, upon
completion of all permitted impacts included within the approval and any
subsequent modifications, the applicant shall be required to return the certificate
of completion attached to the approval.
Not applicable, written concurrence from DWQ is not required for this
project.
19. Concurrence from DWQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the
same day as the expiration date of the corresponding nationwide Permit (i.e.,
NWP 18).
In accordance with U.S. Department of Transportation (USDOT)
regulations for pipeline safety, CPC is required to complete these projects
before the following dates: October 4, 2008 (Majolica Road); February 8,
2009 (Long Creek); and March 6, 2009 (Hambright Road).
20. The applicant/permittee and their authorized agents shall conduct all activities in
a manner consistent with Sate water quality standards and any other appropriate
requirements of State and Federal Law.
As proposed, the activities are in compliance with Nationwide Permit
General Conditions and DWQ conditions for Section 401 water quality
certification and riparian buffer protection.
12
PCNNWPNos. 3 and 18 May 2o, 2oo8
Colonial Pipeline Company - Exposed Pipe Maintenance %EC Project No. o2-o419oj
Majicola Road, Long Creek, and Hambright Road
General Condition 24 - Use of Multiple Nationwide Permits
This project will use both NWP 3 and NWP 18. The cumulative impacts of both
parts of this project will not exceed the highest specified acreages or linear feet of
either NWP.
General Condition 25 - Transfer of Nationwide Permit Verifications
Not applicable.
General Condition 26 - Compliance Certification
Upon completion of the required maintenance, WEC (as CPC's authorized agent)
will sign and submit the USACE certification letter documenting compliance with
maintenance activities as they are described in this PCN submittal.
General Condition 27 - Pre-Construction Notification
(a) Timing: The prospective permittee must notify the District Engineer with a PCN
as early as possible. The District Engineer must determine if the notification is
complete within 3o days of the date of receipt and as a general rule will request
additional information necessary to make the PCN complete only once.
WEC believes that the contents of this package constitute a complete PCN.
(b) Contents of the Notification: The following information addresses NWP General
Condition 27(b):
1) Name, address, and telephone number of the prospective
permittee:
Mr. Jeff Richards
Colonial Pipeline Company
391 Scruggs Road
Ringgold, GA 3o736
(7o6) 891-6658
2) Location of the Proposed Project:
The proposed pipeline protection locations are: near Majolica
Road (N35° 22.871' and W8o° 50.355') in Rowan County, North
Carolina; Long Creek (N35° 20.62o' and W8o° 52.091) in
Mecklenburg County, North Carolina; and near Hambright Road
(N35° 41.419' and W80° 31.936') in Mecklenburg County, North
Carolina (Figures 1 - 3).
13
PCNNWPNos. 3 and i8 May 20, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. o2-o419oj
Majicola Road, Long Creek, and Hambright Road
3) Project description, purpose, effects:
See the "Background" and "Proposed Activities in Waters of the
U.S." sections of this letter.
4) Delineation of affected special aquatic sites, including wetlands:
WEC conducted the field delineation of the project site on May 14,
2008. Features considered jurisdictional waters on the subject
sites are an unnamed tributary to Draft Branch, Long Creek, and
an unnamed tributary to Torrence Creek. The USACE Approved
Jurisdictional Determination Forms are attached as Appendix G.
5) Mitigation required if the proposed activity will result in the loss of
greater than o. i acre of wetland and PCN required.
Not applicable.
6) Names of federal protected species affected:
Refer to General Condition 17 above.
7) National Register of Historic Places Affected:
Refer to General Condition 18 above.
(c) Form of Notification:
Three Wilmington District's PCN forms (one for each site) are attached as
Appendix H.
General Condition 28 - Single and Complete Project
Each maintenance site meets the definition of a single and complete project as defined at
33 CFR 330.2(i).
Conclusion
The required pipeline maintenance activities proposed in jurisdictional waters of the
U.S. and the State of North Carolina will result in temporary disturbance to
approximately 5o linear feet of an unnamed tributary to Draft Branch in Rowan County,
8o linear feet of Long Creek in Mecklenburg County, and 8o linear feet of an unnamed
tributary to Torrence Creek in Mecklenburg County. During the proposed maintenance
activities, appropriate erosion and sedimentation control devices will be used on the
entire project sites and the proposed activities are in compliance with Nationwide Permit
14
PCNNWPNos. 3 and i8
Colonial Pipeline Company - Exposed Pipe Maintenance
Majicola Road, Long Creek, and Hambright Road
May 20, 2008
WEC Project No. 02-041901
General Conditions and DWQ conditions for Section 401 water quality certification and
riparian buffer protection.
Based on this submittal, we respectfully request authorization for the aforementioned
maintenance project pursuant to NWP Nos. 3 and 18. Please contact the undersigned at
770-591-9990 if you have any questions regarding this request.
Sincerely,
WETLAND & ECOLOGICAL CONSULTANTS, LLC
V. Malissa Mengel, A.F.P.
Staff Ecologist
Enclosures: Figure 1-
Figure 2 -
Figure 3 -
Appendix A-
Appendix B -
Appendix C -
Appendix D -
Appendix E -
Appendix F -
Appendix G -
Appendix H -
Appendix I-
Richard V. Whiteside> Ph.D. C.W.B.> C.S.E.
Managing Member
Majolica Road Site Location Map
Long Creek Site Location Map
Hambright Road Site Location Map
Typical Dam and Pump Maintenance Dig
Typical Open Cut Dry Flume Maintenance Dig
Majolica Road Detailed Site Drawings & Photographs
Long Creek Detailed Site Drawings & Photographs
Hambright Road Detailed Site Drawings & Photographs
CPC's Soil Erosion and Sediment Control Plan
Approved Jurisdictional Determination Forms (3)
Wilmington District PCN Forms (3)
Wilmington District PCN Authorization Letter
cc: Mr. Jeff Richards, Colonial Pipeline Company
NCDENR, DWQ (2 copies)
USFWS, Asheville
15
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HWY 70
y ? I ;,' ', ? + Vii' , ? ; I ? "! I •`9 . , ? ?- • ?, ?
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CPC Line 2
(", i, RaK;•ro?ti?
Exposed pipeline at unnamed
tributary to Draft Branch
?__ -- Majolica Road - ?.
756
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Base Map: USGS 7.5-Minute Topographic Quadrangle Rowan Mills, NC, i9gi. 1:24,000
Colonial Pipeline Company - : Figure 1
Majolica Road
Exposed Pipeline WETLAND & ECOLOGICAL Site Location Map
CONSULTANTS, LLC
Rowan County, NC `ti'
Woodstock, Georgia EC Project No. 02-04190:1
Base Map: USGS 7.5-Minute Topographic Quadrangle Derita, NC, 1993• 1:24,000
Colonial Pipeline Company lift Figure 2
Long Creek
Exposed Pipeline WETLAND & ECOLOGICAL Site Location Map
CONSULTANTS, LLC
Mecklenburg County, NC Woodstock, Georgia WEC Project No. 02-041901
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Base Map: USGS 7.5-Minute Topographic Quadrangle Cornelius, NC, 1993•
Colonial Pipeline Company
Hambright Road
Exposed Pipeline WETLAND & ECOLOGICAL
Mecklenburg County, NC CONSULTANTS, LLC
Woodstock, Georgia
1:24,000
Figure 3
Site Location Map
WEC Project No. 02-041901
APPENDIX A
TYPICAL DAM AND PUMP MAINTENANCE DIG
I
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PUMP -\
SUMP W/INTAKE HOSE _
FILTER/SCREEN OR
SUBMERSIBLE PUMP
WATERBODY
SPOIL CONTAINMENT BERM
(SILT FENCE, HAY BALES
OR OTHER APPLICABLE
MATERIALS) )
r
SPOIL
1
{
FILTER BAG
PERMANENT ROW
71
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f---RETAIN A MIN. 25'
VEGETATIVE BUFFER TO
THE EXTENT POSSIBLE
ENERGY DISSIPATOR/
SCOUR PROTECTION
III I I -.- -_ - ---_ . -
III ,?
I III FLOW
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MAINTAIN A MINIMUM 25'
VEGETATIVE BUFFER THE EXTENT POSSIBLE
L.
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TROW ENGINEERING CONSULTANTS INC.
two 1ElxoPOllLw e?w., 9ME zm TNINUSSEG iL, usn ?3]OG
HTS 1 01-29-2004 1 ALS I -
FOR STREAM EQUIPMENT
CROSSINGS, SEE NOTE 14
SEE SHEET 2 FOR NOTES
COLONIAL PIPELINE COMPANY
ATLANTA. GEORGIA
TYPICAL DAM AND PUMP
MAINTENANCE DIG
AT WATERBODY LESS THAN 15'
TROW PROJ. 140. DRAWING SHEET
iHES00b m 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.
NOTES:
SCHEDULE INSTREAM ACTIVITY FOR LOW FLOW PERIODS AND 6.
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 9.
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.
10.
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.
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.
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 IDE
EXCAVATION. CAP FLUMES USED UNDER VEHICLE CROSSING
DURING DRY CROSSING.
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 R
IS NOT POSSIBLE TO DEWATER THE EXCAVATION DUE TO SOILS
WITH A HIGH HYDRAULIC CONDUCTNITY, 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.
TROW ENGINEERING CONSULTANTS INC.
1]00 YEINOfIXIfNI &W.. S 200 TA MOSSEF. R, US5 32]00
%IOIC: (0.50) 320-S l
COLONIAL PIPELINE COMPANY
ATLANTA. GEORGIA
TYPICAL DAM AND PUMP I
MAINTENANCE DIG
°20D1 , AT WATERBODY LESS THAN 15'
NM 1 01-29-2004 1 ALS
,Row PRQI. NO. DRAWMIO SHEET
THESW50362 COL-00030 2 OF 2
DRY FLUME MAINTENANCE WORK
THE FOLLOWING IS A SEQUENCE OF CONSTRUCTION AND MITIGATION
MEASURES TO BE FOLLOWED AT ALL 'DRY FLUME" WORK LOCATIONS
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/REPAIR AS NECESSARY.
STEP 4. BACKFILL AND RESTORE STREAM BANKS.
STEP 5. REMOVE FLUME CROSSING.
STEP 6. IMPLEMENT PERMANENT EROSION AND SEDIMENTATION CONTROLS.
NOTES:
1. 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.
2. ALL NECESSARY EQUIPMENT AND MATERIALS TO BUILD THE
FLUME MUST BE ON SITE OR READILY AVAILABLE PRIOR
TO COMMENCING IN-WATER WORK.
3. TO THE EXTENT POSSIBLE, MAINTAIN A MINIMUM 25 FT.
VEGETATIVE BUFFER STRIP BETWEEN DISTURBED AREAS
AND THE WATERBODY. INSTALL AND MAINTAIN A SILT
FENCE OR HAY BALE BARRIER UPSLOPE OF THE BUFFER
STRIP ON EACH SIDE OF THE WATERBODY.
4. CONTRACTOR SHALL SUPPLY, INSTALL AND MAINTAIN SEDIMENT
CONTROL STRUCTURES, AS DEPICTED OR ALONG DOWN GRADIENT
SIDES OF WORK AREAS AND STAGING AREAS SUCH THAT NO
HEAVILY SILT LADEN WATER ENTERS THE WATERBODY.
c. 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 ONTO 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/REPAIR.
5. FLUME CAPACITY DURING DRY CROSSING SHALL BE SUFFICIENT
TO ACCOMMODATE 1.5 TIMES THE FLOW MEASURED AT THE TIME
OF CONSTRUCTION PROVIDED THAT THE FLUMES WILL BE IN PLACE
NOT MORE THAN 96 HOURS AND NO PRECIPITATION IS FORECAST.
FLUME CAPACITY FOR VEHICLE ACCESS SHALL BE SUFFICIENT TO
PASS THE 2 YEAR DESIGN FLOW OR THE FLOW REASONABLY EXPECTED
TO OCCUR DURING THE INSTALLATION. EXCESS FLUMES REQUIRED FOR
LONGER TERM ACCESS SHALL BE CAPPED DURING DRY CROSSING
PROCEDURES.
6. ENSURE THAT THE DAMS AND EQUIPMENT CROSSING ARE LOCATED
FAR ENOUGH APART TO ACCOMMODATE THE REQUIRED EXCAVATION.
7, PLACE IMPERVIOUS DAMS AT EACH END OF THE FLUME, UPSTREAM
FIRST, THEN DOWNSTREAM. ACCEPTABLE ALTERNATIVES INCLUDE
GRAVEL WITH RIP-RAP PROTECTION, SAND BAGS, STEEL PLATE AND
ROCKFILL. DURING INSTALLATION, INSTALL AN IMPERVIOUS MEMBRANE, 13
IF NECESSARY, TO LIMIT LEAKAGE, DAMS MAY NEED KEYING INTO
THE BANK AND STREAMBED.
TROW ENGINEERING CONSULTANTS INC.
1n 1EfRaFa M KL .. SUR tan TILNa.4II. 0.. m ]ya
NOW-- (SM) SL Wl
8. EXCAVATE AS REQUIRED TO INSPECT OR REPLACE PIPE.
9. EXCAVATED MATERIAL MUST NOT BE STOCKPILED WITHIN 10 F7.
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.
10. DEWATERING SHOULD OCCUR IN A STABLE VEGETATED AREA A
MINIMUM OF 50 FT. FROM ANY WATERBODY. THE PUMP
DISCHARGE SHOULD BE DIRECTED 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 USING
HAY BALES AND THE NATURAL TOPGRAPHY.
11. FLUMES SHOULD BE REMOVED AS SOON AS POSSIBLE, WHEN NO
LONGER REQUIRED FOR IN-STREAM ACTIVITY OR FOR ROAD ACCESS,
AS FOLLOWS:
a. REMOVE THE VEHICLE CROSSING RAMP. BANKS ARE TO BE
RESTORED TO A STABLE ANGLE AND PROTECTED WITH
EROSION RESISTANT MATERIAL COMPATIBLE WITH THE FLOW
CONDITIONS (E.G., EROSION CONTROL BLANKETS, CRIBBING,
ROCK RIP-RAP ETC.) TO THE MAXIMUM EXTENT POSSIBLE
BEFORE REMOVING THE DAMS.
b. REMOVE DOWNSTREAM DAM.
c. REMOVE UPSTREAM DAM.
d. REMOVE FLUME.
e. COMPLETE BANK TRIMMING AND EROSION PROTECTION. IF
SANDBAGS ARE USED FOR THE DAMS, PLACE AND REMOVE BY
HAND TO AVOID EQUIPMENT BREAKING BAGS.
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 THE IN-STREAM
WORK.
c. MAINTAIN A SILT FENCE OR HAY BALE BARRIER ALONG
THE WATERBODY UNTIL VEGETATION IS ESTABLISHED IN
ADJACENT DISTURBED AREAS.
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.
12.
NS 101-29-20041 ALS
COLONIAL PIPELINE COMPANY
ATLANTA, GEORGYI
TYPICAL OPEN CUT DRY FLUME
MAINTENANCE DIG
AT WATERBODY FROM 15' TO 50'
TROW PROJ. N0. DRAWIM SHEET
THESDO50362 COL-0001a 2 OF 2
APPENDIX C
MAJOLICA ROAD DETAILED SITE DRAWINGS & PHOTOGRAPHS
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APPENDIX D
LONG CREEK DETAILED SITE DRAWINGS & PHOTOGRAPHS
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HAMBRIGHT ROAD DETAILED SITE DRAWINGS & PHOTOGRAPHS
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APPENDIX F
CPC'S SOIL EROSION AND SEDIMENTATION 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 or particularly
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 if necessary 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
of large 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 and sediment 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 of the fence.
4. Silt fences will be inspected for depth of sediment, tears, secure attachment of the
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 G
APPROVED JURISDICATIONAL DETERMINATION FORMS
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 5/19/08
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Majolica Road Site, Figure 1
State:NC County/parish/borough: Rowan City: Salisbury
Center coordinates of site (]at/long in degree decimal format): Lat. 35.6895 ° N, Long. -80.5329° W.
Universal Transverse Mercator: 17N 542263.4 E 3949610.8 N
Name of nearest waterbody: Draft Branch
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Yadkin River
Name of watershed or Hydrologic Unit Code (HUC): Lower Yadkin 03040103
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
El Office (Desk) Determination. Date:
® Field Determination. Date(s): 5-14-08
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There lk" no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
E] Waters subject to the ebb and flow of the tide.
? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There ?ii "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
E TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
[] Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 50 linear feet: width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: OtiUkhed ,
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
El Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanoshave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section ID.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: mile
Drainage area: Vki List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW
? Tributary flows directly into TNW.
? Tributary flows through W& List tributaries before entering TNW.
Project waters are 1[,lst river miles from TNW
Identify flow route to TNW5:
Tributary stream order, if known:
Project waters are - river miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are tlt`L1at aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apps
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: M List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Lilt
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Okk"d
Estimate average number of flow events in review area/year: IqckLi t
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pkk L10. Characteristics:
Subsurface flow: c List. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
El Discontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
(] High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: )N Lf t. Explain:
Surface flow is: List
Characteristics:
Subsurface flow: Ykk LW. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are elc Lit river miles from TNW.
Project waters are flat aerial (straight) miles from TNW.
Flow is from:IC'C<l[U.
Estimate approximate location of wetland as within the h I.fft floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: k'L kt
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
0 TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: see photographs, USGS quadsheet.
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 50 linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
[] Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Q Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Q Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
E] Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
El Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
E] Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
E Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Q Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
{] which are or could be used by interstate or foreign travelers for recreational or other purposes.
Q from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
E] Interstate isolated waters. Explain:
0 Other factors. Explain:
Identify water body and summarize rationale supporting determination:
8See Footnote # 3.
'To complete the analysis refer to the key in Section III.13.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
® Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
E] Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
E] Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
O Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
0 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Wetland & Ecological Consultants, LLC and
Submar Inc..
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
El Corps navigable waters' study:
E) U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:Rowan Mills, NC, 1991.
] USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ? Aerial (Name & Date):
or ® Other (Name & Date):
E] Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
El Applicable/supporting scientific literature:
Q Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: This JD form refers to the unnamed tributary to Draft Branch near Majolica Road,
see Figure 1.
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 5/19/08
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Long Creek, Figure 2
State:NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (]at/long in degree decimal format): Lat. 35.3436° S, Long. -80.8680°,W.
Universal Transverse Mercator: 17N 511995.0 E 3911156.2N
Name of nearest waterbody: Long Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Lake Wylie - Catawba River
Name of watershed or Hydrologic Unit Code (HUC): Upper Catawba 03050101
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
El Office (Desk) Determination. Date:
19 Field Determination. Date(s): 5/14/08
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Kft no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
E] Waters subject to the ebb and flow of the tide.
[] Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There [e "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
Indicate presence of waters of U.S. in review area (check all that apply):
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Q Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
El Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Q Impoundments of jurisdictional waters
Q Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 90 linear feet: width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: abliihed'by,0HWk
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
x For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section HIT.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapairoshave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: ii.*cnilef
Drainage area: kk List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are 4 Lbt river miles from TNW.
Project waters are river miles from RPW.
Project waters are EAt aerial (straight) miles from TNW.
Project waters are *TAM aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
< Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that Wlv):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick Lkt.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: ' )rift
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: ""st
Estimate average number of flow events in review area/year: ut
Describe flow regime:
Other information on duration and volume:
Surface flow is: t ht. Characteristics:
Subsurface flow: _"*!Ad. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
El Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
E] High Tide Line indicated by: Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: t' kLiit. Explain:
Surface flow is: h* Ud
Characteristics:
Subsurface flow: Jqck LIM. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are river miles from TNW.
Project waters are 0LUt aerial (straight) miles from TNW.
Flow is from: Pal tot.
Estimate approximate location of wetland as within the Pick Lit floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if an )
All wetland(s) being considered in the cumulative analysis: 1M
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section II1.13:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section I1I.13:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
El TNWs: linear feet width (ft), Or, acres.
El Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: see photographs, USGS quadsheet.
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
10 Tributary waters: 90 linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
[] Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
El Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
E3 Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
EJ Demonstrate that impoundment was created from "waters of the U.S.," or
0 Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
OSee Footnote # 3.
9 To complete the analysis refer to the key in Section III. D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Wetlands:
acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
[l Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
udgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
El Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
1@ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Wetland & Ecological Consultants, LLC and
Submar Inc..
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
Q Data sheets prepared by the Corps:
E] Corps navigable waters' study:
E, U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:Derita, NC, 1993.
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ? Aerial (Name & Date):
or ® Other (Name & Date): Appendix D.
[] Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
Applicable/supporting scientific literature:
? Other information (please specify):
Identify type(s) of waters:
B. ADDITIONAL COMMENTS TO SUPPORT JD: This JD form refers to Long Creek, see Figure 2.
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION l: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 5/19/08
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Hambright Road Site, Figure 3
State: NC County/parish/borough: Mecklenburg City: Huntersville
Center coordinates of site (lat/long in degree decimal format): Lat. 35.3812° ?i, Long. -80.83930
VV.
Universal Transverse Mercator: 17N 514595.62 E 3915329.8 N
Name of nearest waterbody: Torrence Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Mountain Island Lake - Catawba River
Name of watershed or Hydrologic Unit Code (HUC): Upper Catawba 03050101
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
10 Field Determination. Date(s): 5/14/08
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There *ft no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
(l Waters subject to the ebb and flow of the tide.
? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There ki(e "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):'
F1 TNWs, including territorial seas
? Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
M.' Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 90 linear feet: width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: t4tal0hed 4 OHWM.
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1, only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanoshave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 34 ?"p
Drainage area: 24
Average annual rainfall: 48 inches
Average annual snowfall: 5 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through A tributaries before entering TNW.
Project waters are river miles from TNW.
Project waters are US river miles from RPW.
V
Project waters are aeria l (straight) miles from TNW.
Project waters are aerial (straight) miles from RPW.
C4,0k
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: Tributary flows northwest into Torrence Creek which then flows west into McDowell
Creek which flows southwest into the Catawba River at Mountain Island Lake.
e Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
west.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apps
Tributary is: ® Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: he k List.
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: sloughing banks.
Presence of run/riffle/ ool complexes. Explain: moderate complex.
Tributary geometry: f""t
Tributary gradient (approximate average slope): 1 %
(c) Flow:
Tributary provides for: 4o.HOw
Estimate average number of flow events in review area/year ?0+to>Rei)
Describe flow regime: intermittent.
Other information on duration and volume:
Surface flow is: W+ iWW. Characteristics:
Subsurface flow: 0ttinRt±tvn. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank ?
® changes in the character of soil
? shelving ?
® vegetation matted down, bent, or absent
? leaf litter disturbed or washed away
? sediment deposition ?
? water staining ?
? other (list):
? Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
Q High Tide Line indicated by: Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): herbaceous within ROW and forested outside of ROW.
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Last. Explain:
Surface flow is: ?kk Ut
Characteristics:
Subsurface flow: Lint. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick LIM river miles from TNW.
Project waters are )Rik LW aerial (straight) miles from TNW.
Flow is from: Estimate approximate location of wetland as within the 1'(cl ILUt floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)_
All wetland(s) being considered in the cumulative analysis: ? Llet
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
El TNWs: linear feet width (ft), Or, acres.
Q Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
Q Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: See photographs, quad map.
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 90 linear feet width (it).
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
13 Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Q Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Q Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
0 Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
[] which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Q Other factors. Explain:
Identify water body and summarize rationale supporting determination:
8See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
? Wetlands:
acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
13 Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
El Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Q Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
0 Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Wetland & Ecological Consultants, LLC and
Submar Inc..
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
E] Data sheets prepared by the Corps:
El Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: Cornelius, NC, 1993.
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
E, State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ? Aerial (Name & Date):
or ® Other (Name & Date): Appendix E.
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Q Applicable/supporting scientific literature:
E] Other information (please specify):
Identify type(s) of waters:
B. ADDITIONAL COMMENTS TO SUPPORT JD: This JD form refers to an unnamed tributary to Torrence Creek, see Figure 3.
APPENDIX I
WILMINGTON DISTRICT PCN AUTHORIZATION LETTER
CD
Jeff W. Richards
Southeast District Environmental Manager
April 2, 2007
U.S. Army Corps of Engineers
Wilmington District, Raleigh Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Division of Water Quality
401 Wetland Unit
1650 Mail Service Center
Raleigh, North Carolina 27699
Subject: Authorization Letter
To Whom It May Concem:
Colonial Pipeline Company
Telephone: [phone]
Colonial Pipeline Company (CPC) gives authorization to Wetland & Ecological Consultants (WEC) to
serve as our agent regarding North Carolina Division of Water Quality (DWQ)/U.S. Army Corps of
Engineers (USACE) Pre-Construction Notification (PCN) Application Forms. Should you have any
questions or concerns please contact me at the letterhead address or telephone number.
Sincerely,
Jeff Richards
Environmental Manager
Southeast District
391 Scruggs Ringgold, GA 30736