20081329 Ver 1_401 Application_20080808

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WETLAND & ECOLOGICAL CONSULTANTS, LLC
08 1 32 9
August 27, 2008
Mr. John Thomas
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Subject:
COURTESY Copy
COPY
Preconstruction Notification 1
A U G 2 8 2008
Nationwide Permit Nos. g and 18
Colonial Pipeline Company Exposed Pipe Maintenance DENR - WATER QUALITY
Cane Creek Tributary Station No. 1998+54 WETLANDS AND STORMWATER BRANCH
Mecklenburg County, North Carolina
WEC Project No. 02-041901
Dear Mr. Thomas:
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, respectively, for the required maintenance of CPC's existing Line 2 pipeline.
The use of NWP 18 for this project 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 disturbance to an unnamed
perennial tributary to Cane Creek near Holbrooks Road in Mecklenburg County, North
Carolina (Figure 1; Photograph Nos. 1-2).
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: [phone]
Bldg.8oo Fax: [phone]
Woodstock, Georgia 30188 www.wet-eco.com
PCN NWT Nos. 3 and 18 August 2y, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-041901
Cane Creek 7-ibutary Station No. 1998+54
pipeline integrity. CPC's above referenced maintained ROW contains two pipelines that
transport refined petroleum: 1) Line 1, 4o-inch diameter; and 2) Line 2, 36-inch
diameter. At the above referenced site, bank erosion and streambed degradation has
exposed Line 2 within the stream channel (Photograph No. 3), significantly reducing the
required cover protection level of the pipeline (Appendix A). As required by the U.S.
Department of Transportation (USDOT), CPC must inspect and repair the exposed
pipeline at this location if necessary.
Proposed Activity in Waters of the U.S.
The maintenance activities required to stabilize the stream banks and protect the
existing pipeline will result in temporary disturbance to approximately 6o linear feet of
an unnamed perennial stream located at N350 23.763', W800 49.305'. To ensure the
integrity of the Line 2 at this location, 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 B).
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 Q. 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, flexible revetment mats
placed over the pipeline within the existing CPC ROW. This approach includes the use of
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PCNNWPNos. 3 and j8 August 27, 2oo8
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. o2-o419ol
Cane Creek Tributary Station No. 1998+54
geotextile fabric, which is placed between the pipeline and revetment mat (Appendix D).
Specifically, the pre-cast revetment mats will be placed at grade within a 6o4inear foot
segment of the tributary. The pre-cast concrete revetment mats will be used to cover and
protect the pipeline while stabilizing the excavated portions of the streambed. 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.
Additionally, CPC will remove a culvert from the downstream end of the tributary and
replace it with revetment mats to provide a low water crossing for the road. The
proposed maintenance activity will be completed using CPC's Soil Erosion and
Sedimentation Control Plan (Appendix E) to protect the streams from sedimentation.
There will be no disturbance to jurisdictional waters 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 i - 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 3 - Spawning Areas
Not applicable.
General Condition a - Migratory Bird Breeding Areas
Not applicable
General Condition -5 - Shellfish Beds
Not applicable
3
PCN NWP Nos. 3 and 18 August 27, 2008
Colonial Pipeline Company - Fxposed Pipe Maintenance WEC Project No. o2-o4i9oi
Cane Greek Tributary Station No. j998+59
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 occur near 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 B) or a flume used to convey the flow of the
stream (Appendix Q. The concrete revetment mats will be "keyed" in to the
upstream end of the disturbed areas to prevent impediment of streamflow
(Appendix D).
General Condition lo - Fills Within loo-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 E).
General Condition la - Removal of Temporary Fills
All temporary water flow diversion devices will be removed immediately following
the maintenance activity.
General Condition 14 - Proper Maintenance
The existing pipelines and ROW will continue to be maintained and inspected on a
regular basis to ensure public safety.
4
PCNNWP Nos. 3 and 18 August 27, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-o419oi
Cane Creek 7Wbutary Station No. 1998+54
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
According to current U.S. Fish and Wildlife Service (USFWS) data, there are four
federally protected species listed as potentially occurring in Mecklenburg County.
Three of the listed plant species are known to occur in similar disturbed habitats
such as roadsides and power lines (Appendix F); however, site disturbance will be
limited to the stream channel and adjacent stream banks which do not provide
preferable habitat for these species. Further, no listed species were observed during
a field inspection of the site conducted by WEC on August 23, 2008. Consequently,
no impacts to federally protected species are expected from this project.
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
total stream disturbance does not exceed the thresholds put forth 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 stabilizations 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 (i.e., restoration of the pipeline protective
cover). 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 of the maintenance activity,
the excavated area will be backfilled, and the topsoil will be returned to the top of
the excavated area.
5
PCNNWP Nos. 3 and 18 August 27 2oo8
Colonial Pipeline Company - Exposed Pipe Maintenance %EC Project No. 02-041901
Cane Creek Tributary Station No. 1998+54
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 2a - 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 i - 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.
Not applicable.
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.
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PCNNWPNos. 3 and 18 August 27 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-041901
Cane Creek Tributary Station No. 1998+54
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 approximately 6o linear feet of
an unnamed perennial tributary to Cane Creek; less than 300
linear feet of stream.
3.2 For any NWP that results in impacts more than 150 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.
Temporary stream impacts are approximately 6o linear feet (less
than 150 linear feet), and the proposed pipeline protection activity
will improve water quality and the aquatic environment by
reducing bank erosion over current conditions.
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PCNNWPNos. 3 and 18 August 27 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. o2-o419o1
Cane Creek Tributary Station No. 1998+54
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 not be used for this project.
3.5.2 The placement of riprap shall be limited to areas depicted
on submitted work plan drawings.
Not applicable.
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.
Not applicable.
3.5.4 It shall be of a size sufficient to prevent its movement from
the authorized alignment by natural forces under normal
conditions.
Not applicable.
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PCNNWPNos. 3 and 18 August 27 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-041901
Cane Creek Tributary Station No. 1998+54
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.
Not applicable.
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
1 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 coastal counties.
Not applicable.
9
PCNNWP Nos. 3 and 18 August 2y, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. o2-o419o1
Cane Creek Tributary Station No. 1998+54
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 (WQC No. 3705)
1. 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 E).
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 B and Q.
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PCNNWPNos. 3 and 18 August 27, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-041901
Cane Creek Tributary Station No. 1998+54
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.
The project site is not located in the Neuse, Tar-Pamlico, or Randleman
River Basin.
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 150 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 are proposed.
11. For all activities requiring re-alignment of streams, a stream relocation plan must
be included for written Division approval.
Not applicable, the stream 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 Appendix D.
11
PCN NWP Nos. 3 and 18 August 27, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. o2-o4igoi
Cane Creek Tributary Station No. j998+54
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 this project
prior to July 16, 2009.
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.
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PCNNWPNos. 3 and 18 August 27 2oo8
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-041901
Cane Creek Tributary Station No. 1998+54
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
(Appendix G) 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 location is near Holbrooks Road
(N35° 23.763' and W800 49305') in Mecklenburg County, North
Carolina (Figure 1).
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PCNNWPNos. 3 and M August 2y, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. 02-041901
Cane Creek 7Wbutary Station No. 1998+54
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 August
23, 2008. The unnamed perennial tributary is the only
jurisdictional feature on the subject pipeline maintenance site.
The USACE Approved Jurisdictional Determination Forms are
attached as Appendix H.
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:
The Wilmington District's PCN form is attached as Appendix H.
General Condition 28 - Single and Complete Project
The above referenced pipe maintenance activities are a single and complete project.
Conclusion
The required pipeline maintenance activities proposed in jurisdictional waters of the
U.S. and the State of North Carolina will result in temnorarv disturhance to
approximately 6o linear feet of an unnamed perennial tributary to Cane Creek in
Mecklenburg County. During the proposed maintenance activities, appropriate erosion
and sedimentation control devices will be used on the entire project site and the
proposed activities will be in compliance with Nationwide Permit General Conditions
and DWQ conditions for Section 401 water quality certification and riparian buffer
protection.
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PCNNWPNos. 3 and 18 August 27, 2008
Colonial Pipeline Company - Exposed Pipe Maintenance WEC Project No. o2-o4i9oi
Cane Creek 7Wbutary Station No. 1998+54
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
David W. Rudisail, A.W.B. Richard W. Whiteside, Ph.D., C.W.B., C.S.E.
Staff Ecologist Managing Member
Enclosures: Figure 1 - Site Location Map
Site Photographs (4)
Appendix A - Existing Conditions Diagram
Appendix B - Typical Dam and Pump Maintenance Dig
Appendix C - Typical Open Cut Dry Flume Maintenance Dig
Appendix D - Revetment Mat Dimensions Diagram
Appendix E - CPC's Soil Erosion and Sediment Control Plan
Appendix F - Threatened and Endangered Species Review
Appendix G - Wilmington District Agent Authorization Letter
Appendix H - Approved USACE Jurisdictional Determination Form
Appendix I - Wilmington District PCN Form
cc: Mr. Jeff Richards, Colonial Pipeline Company
NCDENR, DWQ (2 copies)
15
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Y"s L.r

Base map: USGS 7.5-Minute Topographic Quadrangles - Cornelius and Derita, NC 1:24,000
Tributary at Station No. 1998+54 Figure 1
Mecklenburg County, NC WETLAND & ECOLOGICAL Site Location Map
CONSULTANTS, LLC WEC Project No. 02-041901
Woodstock, Georgia
Colonial Pipeline Exposed Pipe Maintenance
Cane Creek Tributary Station No. 1998+54
Photographs Taken -August 23, 2008
WEC Project No. 02-041901
Colonial Pipeline Exposed Pipe Maintenance
Cane Creek Tributary Station No. 1998+54
Photographs Taken - August 23, 2008
WEC Project No. 02-041901
APPENDIX A
EXISTING CONDITIONS DIAGRAM
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 THE PERMANENT EROSION AND SEDIMENTATION CONTROLS.
MAINTENANCE OF STREAMFLOW
IF THERE IS ANY FLOW IN THE WATERCOURSE, 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 OPERATION NEEDS
TO BE MONITORED OVERNIGHT.
NOTES:
SCHEDULE INSTREAM ACTIVITY FOR LOW FLOW PERIODS AND
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
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.
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 STREAM.
a. NO HEAVILY SILT LADEN WATER SHALL BE DISCHARGED DIRECTLY
OR INDIRECTLY INTO THE STREAM.
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 STRAW BALE INSTALLATIONS SHALL INCLUDE
REMOVABLE SECTIONS TO FACILITATE ACCESS DURING
CONSTRUCTION. UTILIZE STRAW 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 STRAW
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 10 FEET
VEGETATIVE BUFFER STRIP BETWEEN DISTURBED AREAS AND THE
WATERCOURSE. INSTALL AND MAINTAIN A SILT FENCE UPSLOPE
OF THE BUFFER STRIP ON EACH SIDE OF THE WATERCOURSE.
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 Fr.
OF THE WATERCOURSE. THIS MATERIAL MUST BE CONTAINED
WITHIN BERM CONTAINMENT, WITH SECONDARY SILT FENCE
PROTECTION TO PREVENT SATURATED SOIL FROM FLOWING
BACK INTO THE WATERCOURSE.
7. CHEMICALS, FUELS, LUBRICATING OILS SHALL NOT BE STORED
AND EQUIPMENT REFUELED WITHIN 100 FT. OF THE WATERBODY.
PUMPS ARE TO BE REFUELED AS PER THE SPCC PLANS.
TROW ENGINEERING CONSULTANTS INC.
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8. 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 SIZE NEEDED.
9. 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 FORA DE
EXCAVATION. CAP FLUMES USED UNDER VEHICLE CROSSING
DURING DRY CROSSING.
10. 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 CONSTRUCTED OF
ROCKFILL SANDBAGS, OR TIMBERS TO PREVENT LOCALIZED
EROSION. THE DISCHARGE WATER SHOULD ALSO BE FORCED
INTO SHEET FLOW IMMEDIATELY BEYOND THE SPILL PAD BY
USING STRAW BALES AND THE NATURAL TOPOGRAPHY DISCHARGED
WATER SHALL NOT BE ALLOWED TO FLOW INTO ANY WATERCOURSE
OR WETLAND. IF R IS NOT POSSIBLE TO DEWATER THE
EXCAVATION DUE TO SOILS WITH A HIGH HYDRAULIC CONDUCTIVITY,
THE EXCAVATION IS TO BE CARRIED OUT IN THE STANDING WATER.
PUMP ANY DISPLACED WATER AS DESCRIBED ABOVE TO
PREVENT OVERTOPPING OF DAMS.
11. EXCAVATE TRENCH THROUGH PLUGS AND STREAMBED FROM
BOTH SIDES, RE-POSITIONING DISCHARGE HOSE AS NECESSARY.
LOWER THE PIPE IN THE TRENCH AND BACKFILL IMMEDIATELY.
DURING THIS OPERATION WORK IS TO BE COMPLETED AS
QUICKLY AS POSSIBLE.
12. CONTRACTOR SHALL RESTORE THE STREAM BED AND BANKS TO
APPROXIMATE PRE-CONSTRUCTION CONTOURS, BUT NOT TO
EXCEED 2 HORIZONTAL TO 1 VERTICAL.
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 CROSSING,
BUT WITHIN 24 HOURS OF COMPLETING THE CROSSING.
c. MAINTAIN A SILT FENCE OR STRAW BALE BARRIER ALONG
THE WATER COURSE 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.
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COLONIAL PIPELINE COMPANY
ATLANTA. GEORGIA
TYPICAL DAM AND PUMP
MAINTENANCE DIG
AT WATERBODY LESS THAN 15'
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ATLANTA, GEORGIA
TYPICAL DAM AND PUMP
MAINTENANCE DIG
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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 THE 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 10 FT.
VEGETATIVE BUFFER STRIP BETWEEN DISTURBED AREAS
AND THE WATERCOURSE. INSTALL AND MAINTAIN A SILT
FENCE OR STRAW BALE BARRIER UPSLOPE OF THE BUFFER
STRIP ON EACH SIDE OF THE WATERCOURSE.
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 STREAM.
o. NO HEAVILY SILT LADEN WATER SHALL BE DISCHARGED DIRECTLY
OR INDIRECTLY INTO THE STREAM.
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 STRAW BALE INSTALLATIONS SHALL INCLUDE
REMOVABLE SECTIONS TO FACILITATE ACCESS DURING
CONSTRUCTION. UTILIZE STRAW 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 STRAW
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 VEHICLE-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,
IF NECESSARY, TO LIMIT LEAKAGE, DAMS MAY NEED KEYING INTO
THE BANK AND STREAMBED.
8. EXCAVATE AS REQUIRED TO INSPECT OR REPLACE PIPE.
9. EXCAVATED MATERIAL MUST NOT BE STOCKPILED WITHIN 10 FT.
OF THE WATERCOURSE THIS MATERIAL MUST BE CONTAINED
WITHIN BERM CONTAINMENT, WITH SECONDARY SILT FENCE
PROTECTION TO PREVENT SATURATED SOIL FROM FLOWING
BACK INTO THE WATERCOURSE.
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 CONSTRUCTED OF ROCKFILL OR
TIMBERS TO PREVENT LOCALIZED EROSION. THE DISCHARGE
WATER SHOULD ALSO BE FORCED INTO SHEET FLOW
IMMEDIATELY BEYOND THE SPILL PAD BY BY USING STRAW
BALES AND THE NATURAL TOPOGRAPHY.
11. FLUMES SHOULD BE REMOVED AS SOON AS POSSIBLE, WHEN NO
LONGER REQUIRED FOR IN-STREAM ACTIVITY OR FOR ROAD ACCESS,
THE FOLLOWING MANNER:
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.
12. CONTRACTOR SHALL RESTORE THE STREAM BED AND BANKS TO
APPROXIMATE PRE-CONSTRUCTION CONTOURS, BUT NOT TO
EXCEED 2 HORIZONTAL TO 1 VERTICAL.
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 CROSSING,
BUT WITHIN 24 HOURS OF COMPLETING THE INSTREAM WORK.
c. MAINTAIN A SILT FENCE OR STRAW BALE BARRIER ALONG
THE WATER COURSE UNTIL VEGETATION IS ESTABLISHED IN
ADJACENT DISTURBED AREAS.
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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:
1. 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.
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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:
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 (USAGE) Pre-Construction Notification (PCN) Application Forms. Should you have any
questions or concems please contact me at the letterhead address or telephone number.
Sincerely,
< - /I ??
Jeff Richards
Environmental Manager
Southeast District
391 Scruggs Ringgold, GA 30736
APPENDIX H
APPROVED USACE JURISDICTIONAL DETERMINATION FORM
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): 8/27/08
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Unnamed perennial tributary to Cane Creek.
State:NC County/parish/borough: Mecklenburg City:
Center coordinates of site (]at/long in degree decimal format): Lat. 35.396015° N, Long. 80.821784° W.
Universal Transverse Mercator:
Name of nearest waterbody: Cane Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Clarke Creek
Name of watershed or Hydrologic Unit Code (HUC): Yadkin
® 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:
® Field Determination. Date(s): 8/23/08
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Pick List "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]
? 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 Pick List "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):'
? TNWs, including territorial seas
? Wetlands adjacent to TNWs
® Relatively permanent waters' (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: 60 linear feet: 4width (fl) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable)?
? 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.
Z 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.I.; 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 Rapanos have 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 IH.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 HI.B.1 for
the tributary, Section HI.B.2 for any onsite wetlands, and Section HI.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IH.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 18,054acres
Drainage area: 73 acres
Average annual rainfall: 50 inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are 1(or less) river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1(or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: East to Cane Creek, north to South Prong Clarke Creek, east to Clarke Creek
Tributary stream order, if known: 1 st.
` 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 apply):
Tributary is: ® Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: 4 feet
Average side slopes: 2:1.
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/pool complexes. Explain: Poor.
Tributary geometry: Meandering
Tributary gradient (approximate average slope): 2 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime:
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Unknown. 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 [I
® leaf litter disturbed or washed away ?
? sediment deposition ?
® water staining ?
? other (list):
E] 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: Discolored.
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.
7Ibid.
(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: Suitable habitat for widlife.
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: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. 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 List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(11) 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: Pick List
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:
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:
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: Stream size, stream indicated on USGS quad map.
? 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):
0 Tributary waters: 60 linear feet4width (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 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.
7. Impoundments of jurisdictional waters.9
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:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
'a 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. NON4MSDICTIONAL 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).
? 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):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakestponds: 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:
? 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:
? 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:Comelius and Derito, NC; 1:24,000.
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):Photograph Nos. 1-4.
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0 8 1 3 2 9
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
COURTESY
1. Check all of the approval(s) requested for this project: C 0 P Y
® 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: NWT 18
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 Mana ement Area of
Environmental Concern (see the top of page 2 for further details), check here p
II. Applicant Information AUG 2 8 2008
1. Owner/Applicant Information
DENR . WATER QUALITY
WETLANDS AND QWODW VATER BRANCH
Name: Mr. Jeff Richards, Colonial Pipeline Company
Mailing Address: 391 Scruggs Road
Ringgold, GA 30736
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: jrichardna,colpipe.com
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: David Rudisail / Richard W. Whiteside
Company Affiliation: Wetland & Ecological Consultants
Mailing Address: 3225 S. Cherokee Lane
Bldg. 800
Woodstock, GA 30188
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: dwrudisailna,wet-),wet
Updated 11/1/2005
Page 5 of 12
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: Station No. 1998+54 Exposed Petroleum Pipeline
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: Mecklenburg Nearest Town: Huntersville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Greensboro, take I-
85 Business/US 291US 70 south to State Route 73. Take SR 73 west to SR 115, turn left.
Turn left onto Holbrooks Road. Site is located where the CPC ROW crosses tributary to
Cana C'rPPk
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): 35.396015° N 80.821784° W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Cane Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt2://h2o.enr.state.nc.us/admin/mVs/.)
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 site is an existing maintained pipeline ROW that is
periodically mowed.
Updated 11/1/2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: See the
description in the "Background" and "Proposed Activities in Waters of the U.S." sections of
the attached cover letter.
11. Explain the purpose of the proposed work: To repair and protect an existing exposed
petroleum pipeline, and to prevent future exposure.
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.
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.
No
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.
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:
See the "Proposed Activities in Waters of the U.S." section of the attached letter.
Updated 11/1/2005
Page 7 of 12
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 flood' .
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
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N/A

Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
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 or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
1 Unnamed perennial
trib to Cane Creek Revetment mats Perennial 4 feet 60 0.005

Total Stream Impact (by length and acreage) 60 0.005
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.
Open Water Impact
Site Number
indicate on-map) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A

Total Open Water Impact (acres) p
Updated 11/1/2005
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.005
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.005
Total Stream Impact (linear feet): 60
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.
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: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
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.
The proposed project is designed to minimize impacts to jurisdictional waters as much as
practicable. The revetment mat and will be used to protect CPC's existing pipeline stabilize the
stream bank that is significantly eroded, and provide a low water crossing for future ROW access
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
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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
htti)://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.
N/A
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
[phone] 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
website at http://h2o.enr.state.nc.us6M/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):
Updated 11/1/2005
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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 [phone] 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 El
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 2B .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.
I Zone I Impact I I * (ennara fr AA Multiplier Required
1 3 (2 for Catawba)
2 1.5
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.
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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. The project will not result in impervious
surfaces. BMP's will be incorporated as described under General Condition 9 of the attached
cover letter.
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) 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 ? 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:
Upon completion of the project the pipeline should be repaired and protected from future
damage. No other work will be needed
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
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).
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Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)