Loading...
HomeMy WebLinkAbout20060665 Ver 1_COMPLETE FILE_2006041720000665 k WETLAND & ECOLOGICAL CONSULTANTS, LLC 7 WNW- April 14, 2oo6 Mr. Monte Matthews U.S. Army Corps of Engineers Wilmington District, Raleigh Field Office f 65o8 Falls of the Neuse Road, Suite 120 ?.` P Y Raleigh, North Carolina 27615 Subject: Preconstruction Notification Nationwide Permit No. 18 p Colonial Pipeline Company- Pipeline Protection Q Fanny Brown Road Sites Wake County, North Carolina APR 1 7 2006 WEC Project No. 02-041901 oENR . WATEf2 C?U:iLl1"Y DS AND WATER BMN01 Dear Mr. Matthews: 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) No. 18 for Minor Discharges. The use of NWP 18 for this project requires the submittal of this preconstruction notification (PCN). The proposed action consists of stream bed/bank stabilization and pipeline protection of CPC's existing pipelines at two locations in Wake County, North Carolina. The proposed CPC pipeline protection activities are all located on two unnamed intermittent tributaries to Panther Branch. The western site (hereinafter referred to as Location No. 1) is located at 35° 39' 04"N and 780 40' 56"W, and the eastern site (hereinafter referred to as Location No. 2) is located at 35° 39' oo"N and 780 40' 46"W (Figure 1). The sites are approximately 1,ooo feet apart and accessed from Fanny Brown Road. Background At the above referenced locations, CPC's maintained ROW is approximately 70 feet in width, and contains three pipelines (Lines 22, 23, and 24). Line 22 is 16 inches in diameter and transports refined petroleum products. Lines 23 and 24 are both eight inches and diameter, and serve as reserve and contingency transport lines for shipping refined petroleum products. Disturbance to CPC's ROW at these locations from non- CPC all-terrain vehicle (ATV) traffic has resulted in severe erosion within two unnamed tributaries to Panther Branch where they cross CPC's ROW. This erosion has resulted in 3225 South Cherokee Lane Phone: 770-591-9990 Bldg.8oo Fax: 770-591-9993 Woodstock, Georgia 30188 www.wet-eco.com PCN-Nationwide PermitNa M Apri114, 2oo6 Fanny Brown Road WECProjectNo. o2-o4sgol stream bank failure, and has caused the streams to become more incised, removing much of the protective cover from CPC's pipelines within the creek channel (Photograph Nos. 1-4); the erosion has significantly reduced the required protection level of the three pipelines. Proposed Activity in Waters of the U.S. To prevent future erosion of the streambed at these locations, and to protect the pipelines from damage, pre-cast concrete revetment mats will be used to cover and protect all three pipelines while stabilizing the stream bed and bank as depicted in Appendix A. The proposed activity will require impacts to approximately 60 linear feet of an unnamed intermittent tributary to Panther Branch at Location No. 1 (Figure 2), and 40 linear feet of impact to another unnamed intermittent tributary to Panther Branch at Location No. 2 (Figure 3). The combined quantity of fill "material" below the plane of the ordinary high water mark will be approximately 3.3 and 3.0 cubic yards at Locations 1 and 2, respectively. The proposed activities will be confined to CPC's existing ROW. The stream banks will be further stabilized with geotextile erosion control mats, and CPC's Soil Erosion and Sedimentation Control Plan will be implemented to protect the stream from sedimentation (Appendix B). Nationwide Permit General Conditions Summary We have provided the following information to document compliance with the USACE NWP general conditions. Each condition and subcategory is itemized below. General Condition 1- Navigation The project sites do not occur within navigable waters. General Condition 2 - Proper Maintenance The existing pipelines and ROW will continue to be maintained and inspected on a regular basis to ensure public safety. General Condition 3 - Soil Erosion and Sediment Controls Best Management Practices and proper erosion and sedimentation controls will be followed during the proposed activities (Appendix E). 2 PCN-Nationwide PermitNo.18 Apri114, 2006 Fanny Brown Road WECProjectNo. o2-o4igo1 General Condition a Aquatic Life Movements The existing pipelines are located below the ground surface. The revetment mats will be "keyed" into the streambed, and will not impede the passage of normal stream flow or aquatic life. General Condition r, - Equipment All equipment will be operated from adjacent non jurisdictional upland areas. General Condition 6 -Regional and Case-By-Case Conditions Final Regional Conditions for Nationwide Permits in the Wilmington District i. Waters Excluded from NWP or Subject to Additional Notification Requirements: a. . Waters excluded from the use of NWP: i) Waters designated as anadromous fish spawning areas. Not applicable 2) Waters of the U.S. designated as sturgeon spawning areas. Not applicable b. Waters subject to additional notification requirements: i) Waters designated as "Outstanding Resource Waters" (ORW), "High Quality Waters" (HQW), "Inland Primary Nursery Areas" (IPNA), contiguous wetlands, or "Primary Nursery Areas" (PNA). Not applicable 2) Waters in a designated "Area of Environmental Concern" (AEC) in the 20 coastal counties of eastern North Carolina. Not applicable 3) Waters on a Barrier Island of North Carolina. Not applicable 4) "Mountain or Piedmont Bog" of North Carolina. Not applicable 3 PCN-Nationwide PermitNo.18 Fanny Brown Road April 14, 2006 WECProjectNo. o2-o419o1 5) Mountain Trout Waters within the 25 designated counties of North Carolina. Not applicable 6) Areas closed to shell fishing. Not applicable 2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits: a. Individual or multiple NWPs may not be used for activities that result in the cumulative loss or degradation of greater than 300 total linear feet of streambed that exhibits important aquatic functions. Not applicable, the project will not result in greater than 300 linear feet of disturbance to the streambed. b. Impacts to more than i5o total linear feet of perennial streambed or intermittent streambed (if the intermittent stream has important aquatic function) require notification and compensatory mitigation. Cumulative stream impacts will not exceed i5o linear feet. C. 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 streambed and protect the pipelines from future exposures are pre-cast and hardened before they are placed in the stream. CL For all NWPs that allow for the use of rip rap material for bank stabilization, filter cloth must be placed underneath the riprap. Not applicable, no rip rap will be used in this project. e. For all NWPs that involve the construction of culverts, measures will be included in the construction that will promote the safe passage of fish and aquatic organisms. Not applicable 4 PCN -Nationwide PermitNo. 18 Apri114, 2006 Fanny Brown Road WBCProjectNo. 02-041901 3. Additional Regional Conditions Applicable to these Nationwide Permits: NWP 18 may not be used in conjunction with NWP 14 to create high ground for road access using NWP 14. Not applicable North Carolina Division of Water Quality (DM) General Certification Conditions for NWP 18 (G53362) MC No. 3402) 1. Enumerating and Reporting of Impacts: a. Streams - Impacts to streams shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which NWPs are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent impacts. This project will cause permanent impact to a 6o-linear foot segment of stream at Location No. 1, and a 40 linear foot segment of stream at Location No. 2. b. Wetlands - Impacts to wetlands shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which NWPs are used. Not Applicable, the project will not impact wetlands. C. Lakes and Ponds - Impacts to waters other than streams and wetlands shall be measured as area. Not applicable d. Total stream impacts greater than or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the DWQ. Not Applicable, less than 150 linear feet will be impacted. e. Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the DWQ. Not applicable, the stream impacts at both locations combined are less than 1/3 acre. f. Wetland impacts of greater or equal to 1/3 of an acre east of I-95 and 1/io of an acre west of I-95 require written notification to and approval by the DWQ. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as North Carolina or National Wild and Scenic River and wetlands 5 PGN-Nationwide Permit No.18 Fanny Brown Road April 14, 2006 WECPrrojectNo. o2-o4igol classified as SWL and/or UWL as well as wetlands described in i5A NCAC 2H.o5o6 (e) require a complete application and written concurrence from DWQ. Not applicable g. Written notification to DWQ is required for all applications that propose to use NWP 18. This notification requirement will be satisfied by providing two copies of the PCN form to DWQ at the same time that the PCN form is sent to the USACE. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. Two copies of this PCN package will be submitted to DWQ to satisfy this requirement. h. Proposed fill or substantial modification for any amount of wetlands classified in accordance with 15A NCAC 2B.o1o1 (e) (7) as Unique Wetlands (UWL) shall require written concurrence from DWQ. Not applicable 2. 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 site is located within the Basin; however as specified in the DWQ "Redbook" [15A NCAC 02B.0233 (3)(b)(i)], the proposed activities are exempt from the riparian buffer protection permitting requirements. 3. Irrespective of other application thresholds in the General Certification all impacts to perennial waters and their associated buffers require written approval from DWQ. Not applicable, the streams that will be affected by the project are intermittent. 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case-by-case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Not applicable 5. Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and intermittent stream impacts equal to or exceeding 15o feet and that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I and WS-II. Not applicable 6 PCN-Nationwide PermitNo. M April 14, 2006 Fanny Brown Road WECProjectNo. 02-041901 6. In accordance with North Carolina General Statute Section 143-215.31)(e), any application for a 401 Water Quality Certification must include the appropriate fee. As described above [General Condition 6 - DWQ General Certification Condition i(g)], formal application and a fee is not required for the use of NWP 18. 7. In accordance with 15A NCAC 2H.05o6(h), compensatory mitigation may be required for impacts to i5o linear feet or more of stream and/or one acre or more of wetlands for an entire project. Not applicable 8. For any project involving the re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Not applicable 9. 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 mats will be placed below the streambed elevation as depicted in Appendix A. xo. 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 B). ii. 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. Not applicable, all sediment and erosion control devises will be installed in the adjacent upland areas. 7 PCN- Nadonudde PermitNo.18 FannyBrown Road ApH114, 2oo6 WECProjectNo. 02-041901 12. Additional site-specific conditions may be added to projects proposed under this 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. 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. See General Condition 6 - Wilmington District Regional Condition 2c. 14. If an environmental document is required, this 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 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. Not applicable 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. Not applicable 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification is completed. If requested, WEC will submit a Certification of Completion to DWQ on behalf of CPC when the project is complete. 18. 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). CPC anticipates completion of this project in 20o6, before the expiration of NWP 18 on March 18, 2007. General Condition - Wild and Scenic Rivers The project site is not located in or adjacent to a Wild and Scenic River. General Condition 8 - Tribal Rights The project site is not located within or adjacent to an Indian reservation or nation. 8 PCN-Nationwide Permit No. 18 Aprill4, 2006 Fanny Brown Road WECProjectNo. o2-o4igol General Condition A - Water Quality Certification The activities will be in accordance with the conditions of the DWQ General Certifications for NWP 18 (WQC No. 3402). Genera( Condition io - Coastal Zone Management The project sites are not located in or adjacent to a coastal area. General Condition 11- Endangered Species No impacts to federally protected species are expected from this project. According to current North Carolina Natural Heritage Program data, the federally protected species listed to occur in Wake County are the dwarf wedgemussel (Alasmidonta heterodon), Michaux's sumac (Rhos michauxii), bald eagle (Haliaeetus leucocephalus), and the red cockaded woodpecker (Picoides borealis). At the project locations, the pipeline ROW is regularly mowed, and does not provide suitable habitat for Michaux's sumac, bald eagles, or red-cockaded woodpeckers. Furthermore, at the two locations the intermittent tributaries are no larger than four feet wide and one foot deep, and do not provide suitable habitat for dwarf wedgemussels, which occur in large creeks and rivers. General Condition 12 - 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 area, and no aboveground structures are proposed for construction. Therefore, the proposed activity will have no adverse affects to cultural resources in the project vicinity. General Condition 13 - 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 can 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 13(b): 1) Name, address, and telephone number of the prospective permittee: Mr. Jeff Richards Colonial Pipeline Company 391 Scruggs Road Ringgold, GA 30736 (706) 891-6658 9 PCN-Nationwide PermitNo. M Aprill4, 2006 Fanny Brown Road _ WECProjectNo. 02-041901 2) Location of the Proposed Project: The proposed project sites are located east of Fanny Brown Road in Wake County, North Carolina. Location No. i is located at 35° 39' 04"N and 78° 40' 56"W, and Location No. 2 is located at 35° 39' oo"N and 780 40'46"W (Figure i). 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 February 16, 2006. Areas considered by WEC to be jurisdictional waters are depicted on Figures 2 and 3, and consist of two unnamed intermittent tributaries to Panther Branch, which are within the existing CPC ROW. 5-16) NWP special conditions applicable to other NWPs Not applicable 17) Names of federal protected species affected: Refer to General Condition 11 above. 18) National Register of Historic Places Affected: Refer to General Condition 12 above. (c) Form of Notification: The Wilmington District's PCN form is attached as Appendix C. General Condition 14 - Compliance Certification Upon completion of the required maintenance, WEC (as CPC's authorized agent) will sign and submit the USACE certification letter documenting compliance with maintenance activities as they are described in this PCN submittal. General Condition is - Use of Multiple Nationwide Permits Not applicable General Condition 16 - Water Supply Intakes The proposed construction does not include a water supply intake. 10 NX -Nationwide PermitNo.18 Fanny Brown Road General Condition 17 - Shellfish Beds April 14, 2oo6 WEC Project No. 02-041901 The proposed project is not located within or adjacent to a shellfish bed. General Condition 18 - Suitable Material As described above the concrete revetment mats are pre-cast and hardened before they are placed in the stream. General Condition 1Q - Mitigation The proposed pipeline maintenance activities have been designed to avoid and minimize impacts to jurisdictional waters to the maximum extent practicable. The minimal amount of impact associated with this project (i.e., approximately 6o and 40 linear feet of intermittent stream, respectively) does not exceed any of the regional conditions requiring mitigation (Refer to General Condition 6 above). However, the proposed stream/bank stabilization completed to protect the existing pipelines will result in improved water quality of the stream by significantly reducing soil/bank erosion. General Condition 20 - Spawning Areas Not applicable General Condition 21- Management of Water Flows The concrete revetment mats will be "keyed" in to the upstream end of the maintenance area to ensure that flow of the stream is not impeded (Appendix A). General Condition 22 - Adverse Effects from Impoundments Not applicable General Condition 23 - Waterfowl Breeding Areas Waterfowl breeding areas do not occur on the subject site. General Condition 24 - Removal of Temporary Fills Not applicable. General Condition 2!j - Designated Critical Resource Waters Not applicable General Condition 26 - Fills within loo-year Floodplains The project will not result in above grade fill placed within the ioo-year floodplain. General Condition 27 - Construction Period Not applicable 11 PCN- Nationwide PermitNo. M Fanny Brown Road Conclusion April 14 2oo6 WECProjectNo. o2-o419o1 The pipeline protection activity proposed in jurisdictional waters of the U.S. and the State of North Carolina will result in impacts to approximately 60 linear feet of an unnamed intermittent tributary to Panther Branch at Location No. 1 and approximately 40 linear feet of another unnamed intermittent tributary to Panther Branch at Location No. 2. There will be no disturbance to jurisdictional waters located outside of CPC's existing ROW. During the maintenance activity, appropriate erosion and sedimentation control devices will be used on the entire project site and the proposed activity is in compliance with Nationwide Permit General Conditions and NCDWQ conditions for Section 401 water quality certification and riparian buffer protection. Based on this submittal, we respectfully request authorization for the aforementioned maintenance project pursuant to NWP No. 18. Please contact the undersigned at 770- 591-999o if you have any questions regarding this request. Sincerely, WETLAND & ECOLOGICAL CONSULTANTS, LLC Timothy J. Funk, C.A.E Senior Ecologist Enclosures: Figure 1- Figure 2 - Figure 3 - Appendix A - Appendix B - Appendix C - Appendix D- Richard W. Whiteside, Ph.D., C.W.B. Managing Member Site Location Map Plan View, Location No.1 Plan View, Location No. 2 Typical Revetment Mat Construction Drawing CPC's Soil Erosion and Sediment Control Plan Wilmington District PCN Form Site Photographs (4) cc: Mr. Jeff Richards, Colonial Pipeline Company 40i/Wetlands Unit, DWQ (2) 12 Base Map: USGS 7.5-Minute Topographic Quadrangle of Lake Wheeler, North CPC Pipeline Protection Fanny Brown Road Sites Wake County, NC WETLAND & ECOLOGICAL CONSULTANTS, LLC Site Location Map WEC Proiect No. N Legend - -???- Intermittent Stream mammon Revetment Mats CPC Pipeline CPC Pipeline Protection I .A&L I Figure Fanny Brown Road Sites WETLAND & ECOLOGICAL Plan View - Site No. 1 CONSULTANTS, LLC Wake County, NC Woodstock, Georgia WEC Protect No. 02-041, N i f i o C'p e22 t pcLl?e 23 ?g I IApproximately 40 linear feet of impact Legend -°-°- Intermittent Stream ¦¦¦¦¦¦ Revetment Mats CPC Pipeline 1:300 CPC Pipeline Protection Figure 3 Fanny Brown Road Sites WETLAND & ECOLOGICAL Plan View - Site No. 2 CONSULTANTS, LLC Wake County, NC Woodstock, Georgia WEC Project No. 02-041901 APPENDIX A. TYPICAL REVETMENT MAT CONSTRUCTION DRAWING CONCRETE REVETMENT MATS A 41 CREEK/RIVER BANK - PIPELINE FLOW Abk,. B Hill =11111111;l!1111 t. M .. -..a I RF:FH CREEK/RIVER BANK EXPANSION OR EPOXY ANCHORS SET IN EXISTING ROCK A EXPOSED PIPELINE IN WATERWAY - PLAN VIEW N.T.S. LENGTH OF REVETMENT MATS - WIDTH OF WATERWAY - - MEAN WATER LEVEL TMENT MATS SAND/SOIL BAG BACKFILL PLACED IN EXISITNG EXPOSED PIPE TRENCH SECTION A-A N.T.S. KtVtIMtNI MAID - MEAN WATER LEVEL REVETMENT MA BED EXISTING EXPOSED PIPELINE UNEXPOSED PIPELINE SAND/SOIL BAG BACKFILL PLACED IN EXISTING SECTION P-B EXPOSED PIPELINE TRENCH N.T.S. COLONIAL PIPELINE COMPANY ATLANTA, GEORGIA PIPELINE WITHIN A . WATERWAY INSTALLATION FOR EXPOSED REVISION DATE TYPICAL REVETMENT MAT DRAWN GLe NOTES SCALE N DATE 08 CHECKED APPENDIX B CPC'S SOIL EROSION AND SEDIMENTATION CONTROL PLAN Colonial Pipeline Company Soil Erosion and Sediment Control Plan For Pipeline Maintenance Activities Objective Disturbed areas are to be restored as close as practical to their original contours and conditions so that once vegetation is reestablished, erosion will be reduced to the same or lower level that existed prior to disturbance. Description This section defines the soil erosion and sediment control measures that Colonial Pipeline Company willimplement 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. 1 of2 • Clearing of vegetation will be kept to an absolute minimum and confined to the existing pipeline easement area. The easement area is 50 feet in width and devoid of large trees. The right of way is vegetated with undergrowth grasses and other short vegetation. • Vegetation will be reestablished within disturbed areas and along stream banks as soon as possible upon completion of work. Disturbed areas will be seeded with a wetland seed mixture • All, erosion and sediment control measures will be inspected every two weeks at a minimum and after every significant rainfall event of 0.5 inch or more until disturbed areas have been stabilized. Identified damages to control measures must be repaired immediately. Refuse and Waste Disposal Colonial's representative will not allow the Contractor to discard any litter, including paper, bottles, cans, rags, sacks, welding rod stubs, fuel, crankcase draining, coating materials, equipment, and junk pipe in the ditch or along the right-of-way. All refuse must be collected and disposed in accordance with company specifications. Personnel will be instructed regarding the correct procedure for waste disposal. Maintenance/Inspection Procedures The following inspection and maintenance practices will be implemented to maintain erosion and sediment controls: i. All control measures will be inspected every two weeks at a minimum and following any storm event of 0.5 inch or greater. 2. All control measures will be maintained in good working order. If a repair is necessary, it will be initiated within 24 hours of the report. 3. Built-up sediment will be removed from silt fences when it has reached one-third the height of the fence. 4. Silt fences will be inspected for depth of sediment, tears, secure attachment of the fabric to the fence posts, and firm placement of the fence posts in the ground. 5. Temporary and permanent seeding and planting will be inspected for bare spots, washouts, and healthy growth. 6. Colonial Pipeline Company will select individuals to be responsible for inspections, maintenance and repair activities, and completion of the inspection and maintenance report. Personnel selected for inspection and maintenance responsibilities will receive training from Colonial Pipeline Company or its representative. Personnel must be trained in all practices necessary for maintaining the erosion and sediment controls used on-site. 2 of 2 APPENDIX C WILMINGTON DISMUC PCN FORM Office Use Only: Form Version March 05 0 (306G5 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. . Processing 1. Check all of the approval(s) requested for this project: ® 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: NWP 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 Management Area of Environmental Concern (see the top of page 2 for further details), chec O II. Applicant Information APR 1 7 2006 1. Owner/Applicant Information OENR - WATER QUALITY Name: Mr. Jeff Richards, Colonial Pipeline Company" sTOTER BRANCH Mailing Address: 391 Scruggs Road Ringgold, GA 30736 Telephone Number: (706) 891-6658 Fax Number: (706) 891-9916 E-mail Address: jrichardgcolpipe.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: Timothy J. Funk / Richard W. Whiteside Company Affiliation: Wetland & Ecological Consultants Mailing Address: 3225 S. Cherokee Lane Bldg. 800 Woodstock GA 30188 Telephone Number:_ (770) 591-9990 Fax Number: (770) 591-9993 E-mail Address: t funk@wet-eco.com 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: Fanny Brown Road Pipeline Protection 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: Wake Nearest Town: Garner Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Garner take US Hiahway 401 to Ten-Ten Road, go left. Take Ten-Ten-Road to Fanny Brown go right The sites are located east of where CPC's ROW crosses Fanny Brown Road 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): Location No. 1: 35° 39' 04" N 78° 40' 56" W Location No. 2: 35'39'00"N 78'40'46"W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Panther Branch 8. River Basin: Neuse (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/maps/.). 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 pipeline ROW that is periodically eAq h4?'A? Updated 11/12005 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 protect petroleum pipelines from damage due to site erosion. 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. N/A 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. 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 flondina_ Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplodplain Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) N/A 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, multi ly 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) Location No. 1 UT to Panther Branch . Revetment mat Intermittent 3 feet 60 0.004 Location No. 2 UT to Panther Branch Revetment mat Intermittent 4 feet 40 0.004 E Total Stream Impact (by length and acreage) 100 0.008 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 ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact (acres) Total Open Water Impact (acres) 0 Updated 11/1/2005 Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resultin¢ frnm the nrniPnt- -o Stream Impact (acres): 0.008 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.008 Total Stream Impact (linear feet): 100 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 proiect is designed to minimize impacts to iurisdictional waters as much as practicable. The revetment mats will only be used to the extent needed to protect CPC's pipelines. 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. Updated 11/1/2005 Page 9 of 12 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 WEEP 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. 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 (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 website at http://h2o.enr.state.ne.us/wrp/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 Page 10 of 12 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 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 V 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* I Impact I Multiplier I 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. Updated 11/1/2005 Page 11 of 12 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 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 ? 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 pipelines should be 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). CPC would like to proceed with the project as soon as possible to ensure the integrity of the r AppfieatWAgent's Signature f Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/12005 Page 12 of 12 APPENDIX D PHOTOGRAPHS CPC Pipeline Protection Photos taken February 16, 2006 Fanny Brown Road Sites WF.0 Project No. 02-041901 CPC Pipeline Protection Fanny Brown Road Sites a:. WETLAND & ECOLOGICAL CONSULTANTS, LLC April 14, 2oo6 Mr. Monte Matthews U.S. Army Corps of Engineers Wilmington District, Raleigh Field Office 65o8 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 Subject: Preconstruction Notification 20060665 0", Nationwide Permit No. 18 Colonial Pipeline Company - Pipeline Protection p @ Fanny Brown Road Sites V Wake County, North Carolina APR 1 7 2006 WEC Project No. 02-041901 UENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH Dear Mr. Matthews: 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) No. 18 for Minor Discharges. The use of NWP 18 for this project requires the submittal of this preconstruction notification (PCN). The proposed action consists of stream bed/bank stabilization and pipeline protection of CPC's existing pipelines at two locations in Wake County, North Carolina. The proposed CPC pipeline protection activities are all located on two unnamed intermittent tributaries to Panther Branch. The western site (hereinafter referred to as Location No. i) is located at 35° 39' 04"N and 780 40' 56"W, and the eastern site (hereinafter referred to as Location No. 2) is located at 35° 39' oo"N and 780 40' 46"W (Figure i). The sites are approximately i,ooo feet apart and accessed from Fanny Brown Road. Background At the above referenced locations, CPC's maintained ROW is approximately 70 feet in width, and contains three pipelines (Lines 22, 23, and 24). Line 22 is 16 inches in diameter and transports refined petroleum products. Lines 23 and 24 are both eight inches and diameter, and serve as reserve and contingency transport lines for shipping refined petroleum products. Disturbance to CPC's ROW at these locations from non- CPC all-terrain vehicle (ATV) traffic has resulted in severe erosion within two unnamed tributaries to Panther Branch where they cross CPC's ROW. This erosion has resulted in 3225 South Cherokee Lane Phone: 770-591-9990 Bldg. Boo Fax: 770-591-9993 Woodstock, Georgia 3o188 www.wet-eco.com PCV -Nationwide PermitNo. M Apri114, 2006 Fanny Brown Road WECProjectNo. 02-041901 stream bank failure, and has caused the streams to become more incised, removing much of the protective cover from CPC's pipelines within the creek channel (Photograph Nos. 1-4); the erosion has significantly reduced the required protection level of the three pipelines. Proposed Activity in Waters of the U.S. To prevent future erosion of the streambed at these locations, and to protect the pipelines from damage, pre-cast concrete revetment mats will be used to cover and protect all three pipelines while stabilizing the stream bed and bank as depicted in Appendix A. The proposed activity will require impacts to approximately 60 linear feet of an unnamed intermittent tributary to Panther Branch at Location No. i (Figure 2), and 40 linear feet of impact to another unnamed intermittent tributary to Panther Branch at Location No. 2 (Figure 3). The combined quantity of fill "material" below the plane of the ordinary high water mark will be approximately 3.3 and 3.0 cubic yards at Locations i and 2, respectively. The proposed activities will be confined to CPC's existing ROW. The stream banks will be further stabilized with geotextile erosion control mats, and CPC's Soil Erosion and Sedimentation Control Plan will be implemented to protect the stream from sedimentation (Appendix B). 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 sites do not occur within navigable waters. General Condition 2 - Proper Maintenance The existing pipelines and ROW will continue to be maintained and inspected on a regular basis to ensure public safety. General Condition 3 - Soil Erosion and Sediment Controls Best Management Practices and proper erosion and sedimentation controls will be followed during the proposed activities (Appendix E). X PC7V - Nationwide PermitNo.18 April 14, 2006 Fanny Brown Road WECProject No. 02-041901 General Condition 4 -= Aquatic Life Movements The existing pipelines are located below the ground surface. The revetment mats will be "keyed" into the streambed, and will not impede the passage of normal stream flow or aquatic life. General Condition 5 - Equipment All equipment will be operated from adjacent non jurisdictional upland areas. General Condition 6 -Regional and Case-By-Case Conditions Final Regional Conditions for Nationwide Permits in the Wilmin , on District i. Waters Excluded from NWP or Subject to Additional Notification Requirements: a. Waters excluded from the use of NWP: I) Waters designated as anadromous fish spawning areas. Not applicable 2) Waters of the U.S. designated as sturgeon spawning areas. Not applicable b. Waters subject to additional notification requirements: i) Waters designated as "Outstanding Resource Waters" (ORW), "High Quality Waters" (HQW), "Inland Primary Nursery Areas" (IPNA), contiguous wetlands, or "Primary Nursery Areas" (PNA). Not applicable 2) Waters in a designated "Area of Environmental Concern" (AEC) in the 20 coastal counties of eastern North Carolina. Not applicable 3) Waters on a Barrier Island of North Carolina. Not applicable 4) "Mountain or Piedmont Bog" of North Carolina. Not applicable 3 PCN-Nationwide PermitNo.18 Fanny Brown Road April l4, 2006 WECProjectNo. o2-o419o1 5) Mountain Trout Waters within the 25 designated counties of North Carolina. Not applicable 6) Areas closed to shell fishing. Not applicable 2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits: a. Individual or multiple NWPs may not be used for activities that result in the cumulative loss or degradation of greater than 300 total linear feet of streambed that exhibits important aquatic functions. Not applicable, the project will not result in greater than 300 linear feet of disturbance to the streambed. b. Impacts to more than i5o total linear feet of perennial streambed or intermittent streambed (if the intermittent stream has important aquatic function) require notification and compensatory mitigation. Cumulative stream impacts will not exceed i5o linear feet. C. 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 streambed and protect the pipelines from future exposures are pre-cast and hardened before they are placed in the stream. d. For all NWPs that allow for the use of rip rap material for bank stabilization, filter cloth must be placed underneath the riprap. Not applicable, no rip rap will be used in this project. e. For all NWPs that involve the construction of culverts, measures will be included in the construction that will promote the safe passage of fish and aquatic organisms. Not applicable 4 PCN- Nationwide PermitNo. 18 Apri114, 2006 Fanny Brown Road WECProjectNo. 02-041901 3. Additional Regional Conditions Applicable to these Nationwide Permits: NWP 18 may not be used in conjunction with NWP 14 to create high ground for road access using NWP 14. Not applicable North Carolina Division of Water Quality (DWQ) General Certification Conditions for NWP 18 (GS3362) MC No. 3402) i. Enumerating and Reporting of Impacts: a. Streams - Impacts to streams shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which NWPs are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent impacts. This project will cause permanent impact to a 6o-linear foot segment of stream at Location No. 1, and a 40 linear foot segment of stream at Location No. 2. b. Wetlands - Impacts to wetlands shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which NWPs are used. Not Applicable, the project will not impact wetlands. C. Lakes and Ponds - Impacts to waters other than streams and wetlands shall be measured as area. Not applicable d. Total stream impacts greater than or equal to 15o cumulative feet of stream length for the entire project require written notification to and approval by the DWQ. Not Applicable, less than i5o linear feet will be impacted. e. Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the DWQ. Not applicable, the stream impacts at both locations combined are less than 1/3 acre. f. Wetland impacts of greater or equal to 1/3 of an acre east of I-95 and i/lo of an acre west of I-95 require written notification to and approval by the DWQ. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as North Carolina or National Wild and Scenic River and wetlands 5 PCN- Nationwide Permit-No. 18 Fanny Brown Road April 14, 2006 WECProjectNo. 02-041901 classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H.05o6 (e) require a complete application and written concurrence from DWQ. Not applicable g. Written notification to DWQ is required for all applications that propose to use NWP 18. This notification requirement will be satisfied by providing two copies of the PCN form to DWQ at the same time that the PCN form is sent to the USACE. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. Two copies of this PCN package will be submitted to DWQ to satisfy this requirement. h. Proposed fill or substantial modification for any amount of wetlands classified in accordance with 15A NCAC 2B.oioi (e) (7) as Unique Wetlands (UWL) shall require written concurrence from DWQ. Not applicable 2. 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 site is located within the Basin; however as specified in the DWQ "Redbook" [i5A NCAC 02B.0233 (3)(b)(i)], the proposed activities are exempt from the riparian buffer protection permitting requirements. 3. Irrespective of other application thresholds in the General Certification all impacts to perennial waters and their associated buffers require written approval from DWQ. Not applicable, the streams that will be affected by the project are intermittent. 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case-by-case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Not applicable 5. 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 6 PCN-Nationwide PermitNo.18 April 14, 2006 Fanny Brown Road WECProjectNo. o2-o419o1 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. As described above [General Condition 6 - DWQ General Certification Condition i(g)], formal application and a fee is not required for the use of NWP 18. 7. In accordance with 15A NCAC 2H.05o6(h), compensatory mitigation may be required for impacts to 15o linear feet or more of stream and/or one acre or more of wetlands for an entire project. Not applicable 8. For any project involving the re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Not applicable 9. 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 mats will be placed below the streambed elevation as depicted in Appendix A. io. 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 B). ii. 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. Not applicable, all sediment and erosion control devises will be installed in the adjacent upland areas. 7 PCN - Nationwide PermitNo.18 Fanny Brown Road Apri114, aoo6 WECProjectNo. o2-o4igo1 12. Additional site-specific conditions may be added to projects proposed under this 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. 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. See General Condition 6 - Wilmington District Regional Condition 2c. 14. If an environmental document is required, this 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 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. Not applicable 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 5o feet of all streams and ponds. Not applicable 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification is completed. If requested, WEC will submit a Certification of Completion to DWQ on behalf of CPC when the project is complete. 18. 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). CPC anticipates completion of this project in 2006, before the expiration of NWP 18 on March 18, 2007. General Condition 7 - Wild and Scenic Rivers The project site is not located in or adjacent to a Wild and Scenic River. General Condition 8 - Tribal Rights The project site is not located within or adjacent to an Indian reservation or nation. 8 PC.N-Nationwide Permit No. 18 Apri114, 2006 Fanny Brown Road WECProjectNo. 02-041901 General Condition 9 - Water Quality Certification The activities will be in accordance with the conditions of the DWQ General Certifications for NWP 18 (WQC No. 3402). General Condition io -- Coastal Zone Management The project sites are not located in or adjacent to a coastal area. General Condition 11- Endangered Species No impacts to federally protected species are expected from this project. According to current North Carolina Natural Heritage Program data, the federally protected species listed to occur in Wake County are the dwarf wedgemussel (Alasmidonta heterodon), Michaux's sumac (Rhus michauxii), bald eagle (Haliaeetus leucocephalus), and the red cockaded woodpecker (Picoides borealis). At the project locations, the pipeline ROW is regularly mowed, and does not provide suitable habitat for Michaux's sumac, bald eagles, or red-cockaded woodpeckers. Furthermore, at the two locations the intermittent tributaries are no larger than four feet wide and one foot deep, and do not provide suitable habitat for dwarf wedgemussels, which occur in large creeks and rivers. General Condition 12 - 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 area, and no aboveground structures are proposed for construction. Therefore, the proposed activity will have no adverse affects to cultural resources in the project vicinity. General Condition in - 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 can 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 13(b): 1) Name, address, and telephone number of the prospective permittee: Mr. Jeff Richards Colonial Pipeline Company 391 Scruggs Road Ringgold, GA 30736 (706) 891-6658 9 PCN -Nationwide PermitNo.18 April 14, 2oo6 Fanny Brown Road WECProject No. o2-041901 2) Location of the Proposed Project: The proposed project sites are located east of Fanny Brown Road in Wake County, North Carolina. Location No. i is located at 35° 39' 04"N and 780 40' 56"W, and Location No. 2 is located at 35° 39' oo"N and 780 40'46W (Figure 1). 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 February 16, 2oo6. Areas considered by WEC to be jurisdictional waters are depicted on Figures 2 and 3, and consist of two unnamed intermittent tributaries to Panther Branch, which are within the existing CPC ROW. 5-16) NWP special conditions applicable to other NWPs Not applicable 17) Names of federal protected species affected: Refer to General Condition 11 above. 18) National Register of Historic Places Affected: Refer to General Condition 12 above. (c) Form of Notification: The Wilmington District's PCN form is attached as Appendix C. General Condition 14 - Compliance Certification Upon completion of the required maintenance, WEC (as CPC's authorized agent) will sign and submit the USACE certification letter documenting compliance with maintenance activities as they are described in this PCN submittal. General Condition 1.ri - Use of Multiple Nationwide Permits Not applicable General Condition 16 - Water Supply Intakes The proposed construction does not include a water supply intake. 10 PCN-Nationwide PermitNo. M Fanny Brown Road General Condition 12 - Shellfish Beds APrit 14,2o06 WECProjectNo. o2-o419o1 The proposed project is not located within or adjacent to a shellfish bed. General Condition 18 - Suitable Material As described above the concrete revetment mats are pre-cast and hardened before they are placed in the stream. General Condition 14 - Mitigation The proposed pipeline maintenance activities have been designed to avoid and minimize impacts to jurisdictional waters to the maximum extent practicable. The minimal amount of impact associated with this project (i.e., approximately 6o and 40 linear feet of intermittent stream, respectively) does not exceed any of the regional conditions requiring mitigation (Refer to General Condition 6 above). However, the proposed stream/bank stabilization completed to protect the existing pipelines will result in improved water quality of the stream by significantly reducing soil/bank erosion. General Condition 20 - Spawning Areas Not applicable General Condition 21- Management of Water Flows The concrete revetment mats will be "keyed" in to the upstream end of the maintenance area to ensure that flow of the stream is not impeded (Appendix A). General Condition 22 - Adverse Effects from Impoundments Not applicable General Condition 23 - Waterfowl Breeding Areas Waterfowl breeding areas do not occur on the subject site. General Condition 24 - Removal of Temporary Fills Not applicable. General Condition 25 - Designated Critical Resource Waters Not applicable General Condition 26 - Fills within loo-year Floodplains The project will not result in above grade fill placed within the loo-year floodplain. General Condition 27 - Construction Period Not applicable 11 PCN -Nationwide Permit No. A Fanny Brown Road Conclusion April 14, 2oo6 %ECProjectNo. o2-o4t9oi The pipeline protection activity proposed in jurisdictional waters of the U.S. and the State of North Carolina will result in impacts to approximately 6o linear feet of an unnamed intermittent tributary to Panther Branch at Location No. 1 and approximately 40 linear feet of another unnamed intermittent tributary to Panther Branch at Location No. 2. There will be no disturbance to jurisdictional waters located outside of CPC's existing ROW. During the maintenance activity, appropriate erosion and sedimentation control devices will be used on the entire project site and the proposed activity is in compliance with Nationwide Permit General Conditions and NCDWQ conditions for Section 401 water quality certification and riparian buffer protection. Based on this submittal, we respectfully request authorization for the aforementioned maintenance project pursuant to NWP No. 18. Please contact the undersigned at 77o- 591-999o if you have any questions regarding this request. Sincerely, WETLAND & ECOLOGICAL CONSULTANTS, LLC Timothy J. Funk, CAE Senior Ecologist Enclosures: Figure 1- Figure 2 - Figure 3 - Appendix A - Appendix B - Appendix C Appendix D- Richard W. Whiteside, Ph.D., C.W.B. Managing Member Site Location Map Plan View, Location No. 1 Plan View, Location No. 2 Typical Revetment Mat Construction Drawing CPC's Soil Erosion and Sediment Control Plan Wilmington District PCN Form Site Photographs (4) cc: Mr. Jeff Richards, Colonial Pipeline Company 401/Wetlands Unit, DWQ (2) 12 Base Map: USGS 7.5-Minute Topographic Quadrangle of Lake Wheeler, North Carolina 1:24,000 CPC Pipeline Protection 1?- Figure i Fanny Brown Road Sites WETIAAND & ECOLOGICAL Site Location Map CONSULTANTS, LLC Wake County, NC Woodstock. Georgia WEC Project No. 02-041901L N Legend - -- Intermittent Stream oooo?? Revetment Mats CPC Pipeline 1:300 CPC Pipeline Protection Figure 2 Fanny Brown Road Sites WETLAND & ECOLOGICAL Plan View - Site No. 1 CONSULTANTS, LLC Wake County, NC Woodstock, Georgia WEC Project No. 02-041901 N A Legend - - •- Intermittent Stream 0000013 Revetment Mats CPC Pipeline 1:300 CPC Pipeline Protection Figure 3 Fanny Brown Road Sites WETLAND & ECOLOGICAL Plan View - Site No. 2 CONSULTANTS, LLC Wake County, NC Woodstock, Georgia WEC Project No. 02-041901 APPENDIX A. TYPICAL REVETMENT MAT CONSTRUCTION DRAWING CONCRETE REVETMENT MATS A41 CREEK/RIVER BANK PIPELINE FLOW IVER EXPANSION OR EPOXY ANCHORS SET IN EXISTING ROCK A EXPOSED PIPELINE IN WATERWAY - PLAN VIEW N.T.S. LENGTH OF REVETMENT MATS - WIDTH OF WATERWAY - - MEAN WATER LEVEL REVETMENT MATS SAND/SOIL BAG BACKFILL PLACED IN EXISITNG EXPOSED PIPE TRENCH SECTION A-A N.T.S. EXISTING EXPOSED PIPELINE REVETMENT MATS UNEXPOSED PIPELINE RGYGIMGIVI MN17 - MEAN WATER LEVEL -SAND/SOIL BAG BACKFILL PLACED IN EXISTING SECTION 6-13 EXPOSED PIPELINE TRENCH N.T.S. U COLONIAL PIPELINE COMPANY DRAWN Gt_C ATLANTA, GEORGIA NOTES SCALE PIPELINE WITHIN A WATERWAY N.T.S. DATE 08/27/02 INSTALLATION FOR EXPOSED OiECKM REVISION DATE TYPICAL REVETMENT MAT APPENDIX B CPC'S SOIL EROSION AND SEDIMENTATION CONTROL PLAN Colonial Pipeline Company Soil Erosion and Sediment Control Plan For Pipeline Maintenance Activities Objective Disturbed areas are to be restored as close as practical to their original contours and conditions so that once vegetation is reestablished, erosion will be reduced to the same or lower level that existed prior to disturbance. Description This section defines the soil erosion and sediment control measures that Colonial Pipeline Company will implement during and after inspection and repairs of the pipeline are complete. The objectives of this plan are to establish general guidelines for controlling erosion and sedimentation and to specify criteria for sensitive or particularly susceptible soil areas. The plan incorporates measures to control erosion and sedimentation, including minimizing cover removal, limiting the time of exposure, limiting the flow of water onto the disturbed right-of-way, and filtering or settling out sediment from water flowing from the right-of-way. The primary objective of the soil erosion and sediment control plan is to reduce the area and duration of soil disturbance and reestablish permanent vegetation as soon after construction as possible, thereby minimizing long-term erosion and sedimentation. Some erosion is inevitable during construction; however, the plan includes measures to reduce erosion to the minimum practical. Colonial Pipeline Company plans to reduce soil erosion and provide sediment control during the repair of the pipeline at the project site by incorporating the following measures: • Water pumped from the construction area as part of the dewatering operation from the excavation will be filtered through silt filtration bags and discharged to a well-vegetated area. • All work will be confined within the existing right-of-way. Staked hay bales and silt fence will be installed around the worksite and maintained until vegetation is established. Proper controls will be added if necessary during construction. • All terms and conditions within Nationwide Permit 3 will be followed. • Erosion control measures will be installed prior to conducting any soil disturbing activities associated with the pipeline maintenance activity. 1 of 2 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. 2 of 2 APPENDIX C WILMINGTON DISTI IC PCN FORM Office Use Only: Form Version March 05 20000665 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 1. Check all of the approval(s) requested for this project: ® 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: NWP 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 Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? H. Applicant Information H @ [2 Q M " D D G? 1. Owner/Applicant Information APR 17 2006 Name: Mr. Jeff Richards Colonial Pipeline Com anDE -WATER QUALITY Mailing Address: WETLM AND sTOFUMATER MWO 391 Scruggs Road Ringgold, GA 30736 Telephone Number: (706) 891-6658 Fax Number: (706) 891-9916 E-mail Address: jrichard@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: Timothy J. Funk / Richard W. Whiteside Company Affiliation: Wetland & Ecological Consultants Mailing Address: 3225 S. Cherokee Lane Bldg. 800 Woodstock GA 30188 Telephone Number: (770) 591-9990 Fax Number: (770) 591-9993 E-mail Address: tjfunk@wet-eco.com Updated 11112005 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: Fanny Brown Road Pipeline Protection 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: Wake Nearest Town: Garner Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Garner take US Highway 401 to Ten-Ten Road, go left. Take Ten-Ten-Road to Fanny Brown go right. The sites are located east of where CPC's ROW crosses Fanny Brown Road. 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): Location No. 1: 35° 39' 04" N 78° 40' 56" W Location No. 2: 35'39'00"N 78'40'46"W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Panther Branch 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:/ih2o.enr.state.nc.us/admin/maps/.). 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this annlication: , The site is an existing nineline ROW that is periodically Updated 11/1/2005 ? ? t . Page6of12 1Z l/'? 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 protect petroleum pipelines from damage due to site erosion. 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. N/A 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, se arately 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) Total Wetland Impact (acres) N/A 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 Intermittent? ? Average Stream Width Before Impact Impact Length linear feet) Area of Impact (acres) Location No. 1 UT to Panther Branch Revetment mat Intermittent 3 feet 60 0.004 Location No. 2 UT to Panther Branch Revetment mat Intermittent 4 feet 40 0.004 Total Stream Impact (by length and acreage) 100 0.008 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 ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact (acres) Total Open Water Impact (acres) 0 Updated 11/1/2005 Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): 0.008 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.008 Total Stream Impact (linear feet): 100 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. 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 nroiect is desisned to minimize impacts to iurisdictional waters as much as practicable. The revetment mats will only be used to the extent needed to protect CPC's 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. Updated 11/12005 Page 9 of 12 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 h!Ltp:/ih2o.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 (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 website at http://h2o.enr.state.nc.us/wrp/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 Page 10 of 12 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 frtalized 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. 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 V 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^4, ( Multiplier I Required 3 (2 for Catawba) 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. Updated 11/1/2005 Page 11 of 12 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. XIH. 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 pipelines should be 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). CPC would like to proceed with the project as soon as possible to ensure the integrity of the ApptieaftGAgent's Signature / Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 111Y2005 Page 12 of 12 APPENDIX D PHOTOGRAPHS CPC Pipeline Protection Fanny Broom Road Sites Photos taken February WEC Project No. o. CPC Pipeline Protection Fanny Brown Road Sites