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HomeMy WebLinkAbout20081075 Ver 1_401 Application_20080708.; S&ME Cell hratinrg 35 Years o a 1 0 7 5 1973 a 2008 July 2, 2008 U.S. Army Corps of Engineers U R LJ V Post Office Box 1890 Wilmington, North Carolina 28402-1890 JUL 8 2008 Attention: Mr. Dave Timpy DENR - WATER QUAUTY WETLANDS AND STORMWATER BRANCH Reference: Pre-Construction Notification Section 10 Permit Northeast Cape Fear River Natural Gas Pipeline - Line 9A New Hanover County, North Carolina S&ME Project Number 1357-08-001 r.1n" PT1=_QV Dear Mr. Timpy: COPY S&ME, Inc. (S&ME) is pleased to submit this Pre-Construction Notification for a Section 10 Permit for the proposed utility line installation. Directional bore technology is proposed, which will avoid impacts to Waters of the U.S. S&ME is working on behalf of Piedmont Natural Gas, who will be considered the applicant for this permit. Please find enclosed the following materials that accompany this application: • A completed Pre-Construction Notification; • Scaled site plans provided by McKim & Creed Engineers, P.A.; • Agent Authorization Form; and • Appropriate Figures: Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), 2006 Existing Conditions/Aerial Photograph (Figure 3), and USDA Soil Map (Figure 4). If you have any questions, please do not hesitate to contact me at the number below. Sincerely, S&ME, Inc. I Alt? Paul Masten Environmental Staff Professional PAM:LJB/jns Enclosures Copy: Division of Water Quality, 401 Wetlands Unit Lisa J. Beckstrom, C.W.B, C.E. Senior Reviewer S&ME, INC. / 6409 Amsterdam Way, Building B3 / Wilmington, NC 28405 / p 910.799.9945 f 910.799.9958 / www.smeinc.com Office Use Only: Form Version March 05 08 1 0 7 5 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing rsOURTESY 1. Check all of the approval(s) requested for this project: r- r)PY ? Section 404 Permit ? Riparian or Watershed Buffer Rules ® Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: N/A 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check h e II. Applicant Information J 1. Owner/Applicant Information JUL 8 2008 Name: Piedmont Natural Gas WATER QUauTY Mailing Address: 4720 Piedmont Row Drive aewwC+ Charlotte, North Carolina 28210 c/o Ms. Mara Sikora Telephone Number: 704-731-4375 Fax Number: 704-731-4098 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Paul Masten Company Affiliation: S&ME, Inc. Mailing Address: 6409 Amsterdam Way, Building B-3 Wilmington, NC 28405 Telephone Number: 910-799-9945 Fax Number: 910-799-9958 E-mail Address:pmasten(&smeinc.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Northeast Cape Fear Natural Gas Pipeline Replacement - Line 9A 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: New Hanover Nearest Town: Wrightsboro Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Castle Hayne Rd. to Victoria Drive. Project begins at the west end of Victoria Drive 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 34.273 ON 77.938 °W 6. Property size (acres): Approximately 5,400 linear feet and 50-foot wide easement 7. Name of nearest receiving body of water: Northeast Cape Fear River 8. River Basin: Cape Fear River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The study corridor is a 50-foot wide easement that is comprised mainly of tidal marsh areas and the river, but also includes small upland areas at the origin and terminus of the pipeline repair section. The upland areas on the Page 6 of 13 east side of the proiect include undeveloped woodland and single family residences. Upland areas on the west side of the Project include undeveloped relic river levee, and industrial development. 10. Describe the overall project in detail, including the type of equipment to be used: A new 10-inch natural gas pipeline is proposed within the existing easement using directional boring technology to avoid impacts to waters of the U.S. The pipeline will be approximately 40 feet below the deepest bottom contour of the river. Mechanized equipment will be used to perform the boring. The entry and exit points of the bore, and boring equipment staging areas will be in uplands. 11. Explain the purpose of the proposed work: The purpose of the project is to replace the existing, broken pipeline. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No USACE Action ID is available for the installation of the original pipeline which occurred in the 1950s. An attempt was made to repair the damaged line in early 2008, Action ID SAW-2008-118, WQC 3687. During the repair attempt, it was determined that the damage to the existing pipeline was too severe and that a new pipeline would be needed. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. This proiect focuses on the replacement of a damaged section of existing natural gas pipeline. Additional repairs or extensions of this pipeline may be warranted in the future, but such permitting implications are unknown at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Page 7 of 13 Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: No impacts are proposed. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: Approximately 4.5 acres of wetland within the 50-foot wide easement. 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial t9 Intermittent. Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) N/A N/A N/A N/A N/A N/A N/A Total Stream Impact (by length and acreage) N/A 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Page 8 of 13 Open Water Impact Site Number (indicate on ma) Name Waterbody applicable) e) (if ap Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. None proposed. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond:_ Size of watershed draining to pond: VII. Impact Justification (Avoidance and Minimization) Expected pond surface area: Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts to wetlands and waters of the U.S. will be avoided by installing the new pipeline using directional bore Page 9 of 13 technology. The entry and exit points of the bore, and the boring equipment staging areas will be in uplands. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is required or proposed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP Page 10 of 13 website at http://h2o.enr.state.nc.us/=/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Page 11 of 13 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. No impervious surfaces are proposed. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated during pipeline installation. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes E] No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on Page 12 of 13 work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Desired construction start is August 2008. Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 S&ME AGENT AUTHORIZATION FORM Date: Anri114.2008 Project Information S&ME Project Name: Northeast Cape Fear Pipeline Repair Type of Project: Jurisdictional Delineation, Nationwide Permitting Location: New Hanover County, North Carolina Property Owner/Representative Information Business Name: Mailing Address: City, State, Zip Code: Telephone Number: Contact: Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte, North Carolina 28210 P ! ?' ?qlc Mr. E award Kosarek Agent Information Business Name: Street Address: City, State, Zip Code: Telephone Number: Contact: S&ME, Inc. 6409 Amsterdam Way, Building B3 Wilmington, North Carolina 28405-3735 (910) 799-9945 Mr. Paul Masten Authorization: I _ C3K7?Y on behalf of (Cofntact Si ature) / hereby authorize (Name of Landowner or Representative) S&ME to act as agent with the USCAE and NCDENR in connection with the above-mentioned project. ' k, r.5 f 421 117 1 t l <1 x. CD 1 Nes? Creek-` . r f F4t led Smiths Creek -wP - 17 74 74 •' 133 17 i 421 Wilmington { µ Ri??y Proposed Pipeline Repair REFERENCE: THE ABOVE GEOGRAPHIC INFORMATION SYSTEMS COVERAGE WAS OBTAINED FROM THE ESRI - STREETMAP USA DATASET (2000). PROPOSED PIPELINE REPAIR LOCATION PROVIDED BY MCKIM & CREED. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. O 1 2 3 S&amp;ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY -- -- - THE USER BASED UPON THIS INFORMATION. Mlles mmmn? KALE: AS SHOWN FIGURE )ATE: 01.09.08 SITE VICINITY MAP No. )RAwN BY: Northeast Cape Fear River Pipeline Repair CJF New Hanover County, N.C. NECKED BY: TS ` T4. EE C.COM &ME LJB PROJECT No: 1357-08-001 Bore Exit Location Ties To Existing Line. a zf ) ✓moi _ r�.-�� pR sx"'f t r'�' � �r1 >~ s tr•7'.+t�,.�� Bore Entrance Location s P2 y�.4 l I t S< y Ls i cif ,�,,'� '��{,�`ti�-'�1.'1 Y .•`, 4. Ir i _ s�SY7t UI e r Proposed Pipeline Repair REFERENCE: USGS TOPOGRAPHIC QUADRANGLE CASTLE HAYNE (2000) ! THE ABOVE GEOGRAPHIC INFORMATION SYSTEMS COVERAGES WERE OBTAINED FROM THE NEW HANOVER COUNTY WEBSITE. PROPOSED PIPELINE REPAIR LOCATION PROVIDED BY MCKIM&CREED. PLEASE NOTE 0 '� 00Q R'A2f �� [ THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER 1 > 0 •` ` USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION.ee. w. F SCALE: AS SHOWN USGS TOPOGRAPHIC MAP FIGURE NDATE: 01.09.08 _ S&ME O. Northeast Cape Fear River Pipeline Repair DRAWN BY: CJF New Hanover County, N.C. CHECKED BY: WWWSMEINC.CO UB PROJECT NO: 1357_08-001 1 On NN, } ? ? ?o ) a, \ ASS>O O P??EV CZ1 No Be JO DO J A; / i ?? Cr COI r I? /? WIND SAIL DR?. .. On' Wr Ra 1 55 Creek/ / Cr Cr /r /? WICK AVE Northeast DO ?: CHAD On r, Ca f let. ?,? ? ttJJ ? Se 1_? R`DOS JO `? Pn j If To Bore Exit Location: ( 1 Ties To Existing Line. ll FL Kr Se Le -J EMIN ST _,.. , Wr ARLINGTpN DR , Ur Bore Entrance Location TOWN DR Bp F??/?C r On TOti v?\l V1CTORIq pR JO : Be G v <Fi? L/ ter.. r<4, a CLe mu, _J - Be ur\ r Be Ur s / 3 N\ f Se 1 c?•.? Cpl \ DO Wr On Le 1 . Ur i B ))) ? P ) Proposed Pipeline Repair REFERENCE: SOIL SURVEY GEOGRAPHIC (SSURGO) DATASET FOR NEW HANOVER COUNTY DO THE ABOVE GIS LAYERS WERE OBTAINED FROM USDA GEOSPATIAL DATA GATEWAY WEB SITE. PROPOSED } Q' i DO - \ PIPELINE REPAIR LOCATION PROVIDED BY MCKIM&CREED. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE Q :' v 1 ,000 2,000 - ?3,000r,?\,\-, ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR ANYDECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Feetd ' }?- - Ud 1! 11; SCALE: AS SHOWN FIGURE )ATE: 06.13.08 USDA SOIL SURVEY MAP NO. 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