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HomeMy WebLinkAbout20090923 Ver 1_401 Application_20090809 WETLAND & ECOLOGICAL CONSULTANTS, LLC August 24, 2009 Ms. Cyndi Karoly 0 9- 0 9 2 3 North Carolina Department of Environment and Natural Resources @ [-2 0W r D L5 U-2 V 15 Division of Water Quality 401 Oversight/Express Review Permitting Unit Raleigh, North Carolina 27604 AUG 1.4 2009 DEW - WATER WJWTY Subject: DWQ Preconstruction Package WEq.#)W AND STORMWATER BRANCH Colonial Pipeline Company, Pipeline Maintenance Davidson County, North Carolina WEC Project No. 02-041901 oOURTESY Dear Ms. Karoly: POP Y In response to your recent request Wetland & Ecological Consultants (WEC) is pleased to submit a Preconstruction (PCN) Package on behalf of our client Colonial Pipeline Company (CPC). Please find attached two copies of the new North Carolina Department of the Environment and Natural Resources (NCDENR) PCN form (Appendix A), the U.S. Army Corps of Engineers (USACE) Wilmington District General Permit (Regional and Nationwide) Verification (Action ID 200901393) (Appendix B), and the PCN Nationwide Permit Nos. 3 and 18 for CPC Pipeline Maintenance in Davidson County, North Carolina, prepared by WEC (Appendix C). We submit the above mentioned PCN for your information and records. Should you have any questions regarding this submittal or this project, please contact us at (77o) 591-9990. Thank you for your prompt attention in this matter. Sincerely, WETLAND & ECOLOGICAL CONSULTANTS, LLC Shanna E. Ca ' ?, C.E. Richard W. Whiteside, Ph.D., C.W.B. Project Ecologist Managing Member Enclosures: Appendix A - Current NCDWQ/USACE PCN Form Appendix B - USACE Permit Appendix C - PCN Nationwide Permit Nos. 3 and 18 for CPC, Davidson County, North Carolina 3225 South Cherokee Lane Phone: o- Bld Soo 77 591-9990 9• 1'-(Ix: 770-591-9993 Woodstock, Georgia;3oi88 www.wet-eco.com APPENDIX A CURRENT NCDWQ/USACE PCN FORM 0 0 92 3 Oj??OFry?jAT F?9?G O lqiiii? T Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. Applicant Information :... GOU 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 3 and 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ? No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Colonial Pipeline Company (CPC) - Davidson County mamnwjiR n. 2b. County: Davidson County 1 2c. Nearest municipality / town: . AUG Tyro Z'S 2009 2d. Subdivision name: No subdivision in the area 2e. NCDOT only, T.I.P. or state project no: Not a NCDOT or T.I.P. project. WETLANMANDsTORWWATERBRANCH 3. Owner Information 3a. Name(s) on Recorded Deed: CPC, an existing and functioning petroleum pipeline constructed in 1963-1964 3b. Deed Book and Page No. CPC, an existing and functioning petroleum pipeline constructed in 1963-1964 3c. Responsible Party (for LLC if applicable): CPC 3d. Street address: CPC's right-of-way 3e. City, state, zip: Tyro, NC, 27292 3f. Telephone no.: (423) 305-1187 3g. Fax no.. (706) 891-9916 3h. Email address: jrichard@colpipe.com Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: CPC's SE District Environmental Manager 4b. Name: Jeff Richards 4c. Business name (if applicable): Colonial Pipeline Company 4d. Street address: 5251 Highway 153, Suite C, #365 4e. City, state, zip: Hixson, TN 37343 4f. Telephone no.: (423) 305-1187 4g. Fax no.: (706) 891-9916 4h. Email address: jrichard@colpipe.com 5. Agent/Consultant Information (if applicable) 5a. Name: Richard Whiteside 5b. Business name (if applicable): Wetland & Ecological Consultants 5c. Street address: 3225 South Cherokee Lane, Bldg. 800 5d. City, state, zip: Woodstock, GA, 30188 5e. Telephone no.: 770-591-9990 5f. Fax no.: 77-591-9993 5g. Email address: rwwhiteside@wet-eco.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Not applicable, an existing and functioning pipeline constructed in 1963-1964 1 b. Site coordinates (in decimal degrees): Latitude: 35.7879 Longitude: - -80.3657 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: Not applicable; in pipeline right-of-way (ROW) area acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to South Potts Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: A cleared maintained and mowed ROW along CPC's pipeline corridor. 3b. List the total estimated acreage of all existing wetlands on the property: None 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 87 linear feet of perennial stream within the existing ROW. 3d. Explain the purpose of the proposed project: Pipeline maintenance, lack of pipeline protective cover, as required by the U.S. Department of Trasportation (USDOT). 3e. Describe the overall project in detail, including the type of equipment to be used: The maintenance activity will require temporary disturbance to approximately 87 linear feet of an unnamed perennial stream to stabilize the stream banks and protect an existing petroleum pipeline at this location. All pipeline maintenance activities will occur within the existing and maintained ROW. To ensure the integrity of the Line 1 at this location, CPC will initially inspect the pipeline for any damages. This will require CPC to excavate a small area over the pipeline to inspect the pipeline for damage. To minimize sedimentation to the creek during the inspection and subsequent maintenance activity, temporary dams will be constructed at each end of the maintenance area and the stream flow will be pumped around the maintenance area at each site. The dams will be constructed of sandbags or other suitable material, and the pump capacity will be able to sufficiently accommodate the stream flow. The pumps will be installed above the upstream dam with the discharge line routed through the maintenance area, discharging immediately downstream of the downstream dam (see Appendix A in the attached document). As an alternative method to using a pump, CPC may use a steel pipe flume to convey the stream flow through the reach of stream to be disturbed. The flume will be used to maintain flow to the downstream side of the disturbed area, and the excavation will be carried out under the flume (see Appendix B in the attached document). Both techniques allow the maintenance to take place without contact to flowing water (i.e., "in the dry"), thus reducing downstream sedimentation. Following the inspection of the pipeline and the completion of the pipeline maintenance activities, the pipeline will be protected using pre-cast concrete revetment mats placed within the existing CPC ROW, over the existing pipelines. Specifically, the pre-cast revetment mats will be placed within an 87-linear foot segment of the stream channel, underlaid with and geotextile fabric (see Appendix C in the attached document). The quantity of this "fill material" (i.e., revetment mat) below the plane of the ordinary high water mark will be approximately 3.5 cubic yards. During the maintenance and subsequent stabilization CPC's Soil Erosion and Sedimentation Control Plan will be implemented to protect the streams from sedimentation (see Appendix D in the attached document). There will be no disturbance to jurisdictional waters located outside of CPC's ROW. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Y ® es ? No El Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type f ? Preliminary Final o determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Wetland & Ecologcial Name (if known): Shanna Cahill Consultants Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 7/27/09 see attached Corps Permit . 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ? No Unknown 5b. If yes, explain in detail according to "help file" instructions. No phases for the above mentioned project 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. No phases for the above mentioned project Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? PEI T ? Yes ? Corps ?No ?DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ?P?T ?Yes ?Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: No wetlands located within the project site. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404 width (linear Temporary (T) (INT)? , other) (feet) feet) S1 ? P ®T Maintenance for UT1 ® PER ® Corps 2 5 87 Existing Pipeline ? INT ? DWQ . S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? PEI T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 87 3i. Comments: 87 linear feet of temporary stream impact to UT1 for federally (USDOT) required pipeline maintenance. Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: No open waters located within the project site. 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland number f (acres) o pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: No pond or lake construct ion is proposed for the project site. 5h. Is a dam high hazard permit required? ? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ® Other: Yadkin Project is in which protected basin? ? Catawba ? Randleman 6b. Buffer impact 6c. 6d. 6e. 6f. 6g. number- Permanent (P) or Reason for Stream name Buffer mitigation Zone 1 impact (square feet) Zone 2 impact (square feet) Temporary T impact required? B1 ?P?T ?Yes ® No B2 ?P?T ?Yes ® No 63 ? P ? T ? Yes ® No 6h. Total buffer impacts 6i. Comments: No buffers are located on the mowed and maintained serviceable ninPrnP ROW Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed pipeline maintenance activities have been designed to avoid and minimize impacts to jurisdictional waters to the maximum extent practicable. The temporary stream disturbances do not exceed any of the USACE, Wilmington District, Nationwide Permit Regional Conditions requiring mitigation [Refer to USACE, Wilmington District Regional Condition 3 (2) below]. Nevertheless, the proposed stream/bank stabilizations completed to maintain and protect the existing pipelines will result in improved water quality of the stream by reducing soil/bank erosion, which will offset the minor/temporary disturbances associated with the required pipeline maintenance. To ensure that the existing plant community is reestablished following the proposed activity, CPC will segregate the topsoil containing seeds and rhizomes from the rest of the excavated soil. Upon completion of the maintenance activity, the excavated area will be backfilled, and the topsoil will be returned to the top of the excavated area. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Equipment will be operated from the stream banks to avoid any impacts to the stream from the machinery. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: No mitigation is required for the above mentioned project. 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: No mitigation is required for the above mentioned project. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. No mitigation is required for the above mentioned project. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). No riparian buffer mitigation is needed for the aboved referenced project. [6h. Comments: No riparian buffer mitigation is needed for the aboved referenced project. Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: This is a temporary disturbance to an existing pipeline in a maintained ? Yes ® No ROW for required maintenance with limited soil disturbance, and therefore does not require a Storm Management Plan. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a temporary disturbance to an existing pipeline in a maintained ROW for required maintenance with limited soil disturbance, and therefore does not require a Storm Management Plan. The maintenance project will result in 0% impervious surfaces. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Not required 2e. Who will be responsible for the review of the Stormwater Management Plan? ? Certified Local Government ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Not required ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW apply (check all that apply): ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been T O Yes ® No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: None 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the f ? Yes ® No use o public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized b the y State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ® No Comments: The above referenced project does not involved an expenditure of public (federa/state/local) funds or use of public (federal/state) land. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): No to both of the above questions. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ? Yes ®No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No additional development, only required maintenance to an existing and operating pipeline. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated, only required maintenance to an existing and operating pipeline. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or h ® ? Yes No abitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted ? Raleigh . ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? No impacts to federally protected species are expected from this project. According to current U.S. Fish and Wildlife Service (USFWS) data, the federally protected species listed as potentially occurring in Davidson County is the Schweinitz's sunflower (Helianthus schweinitzii). This species was not observed at the maintenance location (i.e., on the existing and maintained pipeline ROW) during a field inspection of the site conducted by WEC on July 13, 2009, which is within the flowering period for this species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? U.S. Fish and Wildlife Service data base. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in ? Yes ®No North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? CPC's petroleum pipeline is an existing underground, and functioning pipeline, constructed in 1963-1964. Maintenance of the existing pipeline will not disturb (direct or visual) any hisotric or prehistoric resources. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: Not locacted in a FEMA-designated 100-year floodplain. 8c. What source(s) did you use to make the floodplain determination? FEMA Richard Whitside '7 4"e ?d 8/24/09 Applicant/Agent's Printed Name - Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version APPENDIX B USACE PERMIT U.S. ARMY CORPS OF ENGINEERS I.2EcEI,V.ED WILMINGTON DISTRICT JUL 02009 Action ID. 200901393 County: Davidson USGS Quad: Lexington Wesby.- GENERAL. PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Colonial Pipeline Company / Mr. Jeff Richards Address: 391 Scruggs Road COPY Ringgold, Gerogia 30736 Telephone No.: 423 305-1187 Size and location of property (water body, road name/number, town, etc.): Colonial Pipeline damaged petroleum products pipeline located off of Michael Road, west of Lexington, in Davidson County, North Carolina. The protect is located adjacent to a tributary of South Potts Creek which is a tributary of the Yadkin River. Description of projects area and activity: Repair of existing damaged petroleum products pipeline as described in your construction plan included with your application of Julv 21, 2008, resulting _in impacts to 87 linear feet of stream channel impacts to the jurisdictional waters of South Potts Creek. This verification includes authorization for temporary jurisdictional stream channel impacts associated dewatering_activities included with the project construction. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: NW 03 & 18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding s verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact John Thoma (@A19 5544884 rxt.,25. Corps Regulatory Official Y l 4??/ Date: 07/27/2009 Expiration Date of Verific on: 07/27/2011 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://ww%v.saw.usace.ariny.mil/WETLANDS/index.htm] to complete the survey online. Page 1 of 2 Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: Property has tributary to South Potts Creek which flows to the Yadkin River and the Atlantic Ocean. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:Jean Manuele, Project Manager, Raleigh Regulatory Field Office 3331 Heritage Trade Driver, Suite 105 Wake Forest, North Carolina 27587 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it mus a received at the above address by September 27, 2009. **It is not necessary to submit an A form to the Dis c Office if yo do not object to the determination in this correspondence.** Corps Regulatory Official: Date 07/27/2009 Expiration Date 07/27/2011 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Richard W. Whiteside, Wetland & Ecological Consultants, 3225 S. Cherokee Lane, Bldg. 800, Woodstock, GA 30188 Page 2 of 2 APPENDIX C PCN NATIONWIDE PERMIT NOS. 8 AND 18 FOR CPC DAVIDSON COUNTY, NORTH CAROLINA ? 12 ? NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director MEMORANDUM Dee Freeman Secretary ?CEj?ED AUG Z 22009 DATE: TO: January 12, 2009 Applicant FROM: Cyndi Karoly C'?K DWQ - Wetlands - 401 Unit RE: APPLICATION PACKAGE RETURN NEW PRECONSTRUCTION APPLICATION PACKAGE IN EFFECT The new PCN form designed by US Army Corps of Engineers (USACE) and Division of Water Quality (DWQ) has gone into effect as of January 12, 2009. Please visit the following website to download the new form and help document. Incomplete applications cannot be accepted for review and will be returned to the applicant. http://www.saw.usace.army.mil/WETLANDS/RgI2/ The new form incorporates content necessary for meeting the Corps reporting requirements for current NWP and GP programs, as well as for the NC Division of Water Quality (DWQ) reporting requirements for the state water quality consistency program, buffer and stormwater rules, pond construction and mitigation requirements for both the Corps and DWQ. The PCN cannot be used to meet the reporting requirements for individual general permits. Note: Do not use the PCN form if you are requesting a Corps Individual Permit or NC DWQ Individual Water Quality Certification. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: http://h2o.enr.state.nc,us/ncwetlands/ NorthCarofina ,,/ aturallry V An Equal Opportunity 1 Affirmative Action Employer July 20, 2009 pQ@e0WQ A UG 7 2009 Mr. John Thomas U.S. Army Corps of Engineers 1rETtAIlDMM Wilmington District, Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 RECEII)FO W a, D.ot it .M JUL 2 7 2009 Winston-Salem egional office i. Subject: Preconstruction Notification -- Nationwide Permit Nos. 3 and 18 Colonial Pipeline Company J UL UL 2 ; U"'9 Pipeline Maintenance Davidson County, North Carolina WEC Project No. 02-041901 Dear Mr. Thomas: On behalf of our client, Colonial Pipeline Company (CPC), Wetland & Ecological Consultants (WEC) respectfully requests authorization for the above referenced project pursuant to Nationwide Permit (NWP) Nos. 3 and 18 for Maintenance and Minor Discharges, for the required maintenance of CPC's existing Line 1 and Line 2 pipelines. The use of NWP 18 for these projects requires the submittal of this preconstruction notification (PCN). The proposed actions consist of maintenance activities (NWP 3) required for an existing and serviceable petroleum pipeline (Line 1) located within a maintained right-of-way (ROW), and subsequent streambed stabilization and pipeline protection (NWP 18) for Lines 1 and 2. The proposed activities will require temporary disturbance to an unnamed tributary to South Potts Creek at 350 47' 16.44"N 8o- 21' 56.52"W located in Davidson County, North Carolina (Figurer). Background CPC is committed to operating their pipelines and support facilities in a manner that protects the safety of the public, environment, and its workforce. The proposed pipeline maintenance will be performed to prevent potential damage to the pipeline and ensure pipeline integrity. CPC's above referenced maintained ROW, contains two pipelines that transport refined petroleum: Line 1, 4o-inch diameter; Line 2, 36-inch diameter. At the above referenced site, due to bank erosion and streambed degradation Line 1 has only eight inches of cover within the stream channel, which is significantly less than the required cover protection level of the WETLAND & ECOLOGICAL CONSULTANTS, LLC 3225 South Cherokee Lane Phone: 77o-591-999o Bldg. Boo Fax: 770-591-9993 Woodstock, Georgia 30188 wiuw.wet-eco.conl ?,.,?-?? PCN NWP Nos. 3 and 18 July 20, 2009 Colonial Pipeline Company - Pipeline Maintenance WECProject No. 02-041901 Lines 1 &2 - Davidson County, VA pipeline. As required by the U.S. Department of Transportation (USDOT), CPC must inspect and repair the pipeline area with the reduced cover at this location. Proposed Activity in Waters of the U.S. The maintenance activity will require temporary disturbance to approximately 87 linear feet of an unnamed perennial stream to stabilize the stream banks and protect the existing pipeline at this location. To ensure the integrity of the Line i at this location, CPC will initially inspect the pipeline for any damages. This will require CPC to excavate a small area over the pipeline to inspect the pipeline for damage. To minimize sedimentation to the creek during the inspection and subsequent maintenance activity, temporary dams will be constructed at each end of the maintenance area and the stream flow will be pumped around the maintenance area at each site. The dams will be constructed of sandbags or other suitable material, and the pump capacity will be able to sufficiently accommodate the stream flow. The pumps will be installed above the upstream dam with the discharge line routed through the maintenance area, discharging immediately downstream of the downstream dam (Appendix A). As an alternative method to using a pump, CPC may use a steel pipe flume to convey the stream flow through the reach of stream to be disturbed. The flume will be used to maintain flow to the downstream side of the disturbed area, and the excavation will be carried out under the flume (Appendix B). Both techniques allow the maintenance to take place without contact to flowing water (i.e., "in the dry"), thus reducing downstream sedimentation. Following the inspection of the pipeline and the completion of the pipeline maintenance activities, the pipeline will be protected using pre-cast concrete revetment mats placed within the existing CPC ROW, over the existing pipelines. Specifically, the pre-cast revetment mats will be placed within an 87-linear foot segment of the stream channel, underlaid with and geotextile fabric (Appendix Q. The quantity of this "fill material" (i.e., revetment mat) below the plane of the ordinary high water mark will be approximately 3.5 cubic yards. During the maintenance and subsequent stabilization CPC's Soil Erosion and Sedimentation Control Plan will be implemented to protect the streams from sedimentation (Appendix D). There will be no disturbance to jurisdictional waters located outside of CPC's ROW. 2 PCNNWPNos. 3 and 18 July 20, 2009 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901 Lines 1 &2 - Davidson County, VA Nationwide Permit General Conditions Summary We have provided the following information to document compliance with the USACE NWP general conditions. Each condition and subcategory is itemized below. General Condition i - Navigation The project site does not occur within navigable waters. General Condition 2 - Aquatic Life Movements The discharge of fill activity within the stream will be minimal. The revetment mats will be "keyed" into the streambeds, and will not impede the passage of normal stream flow or aquatic life. General Condition 3 - Spawning Areas Not applicable. General Condition 4 - Migratory Bird Breeding Areas Not applicable General Condition , - Shellfish Beds Not applicable General Condition 6 - Suitable Material Only material excavated from the maintenance area will be replaced within the trench following maintenance completion. As described above, the concrete revetment mats are pre-cast and hardened before they are placed in the stream. General Condition 7 - Water Supply Intakes The proposed construction does not include a water supply intake. General Condition 8 - Adverse Effects from Impoundments Not applicable. General Condition 9 - Management of Water Flows During the proposed activity, water flows will be maintained by the use of either a dam and pump system (Appendix A) or a flume used to convey the flow of the stream (Appendix B). The concrete revetment mats will be "keyed" in to the upstream end of the disturbed areas to prevent impediment of streamflow (Appendix C)). General Condition io - Fills Within loo-Year Floodplains The project will not result in above grade fill placed within the ioo-year floodplain. 3 PCN NWP Nos. 3 and 18 July 20, 2009 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901 Lines 1 &2 - Davidson County, VA General Condition 11 - Equipment Equipment will be operated from the stream banks. General Condition 12 - Soil Erosion and Sediment Controls Best Management Practices and proper erosion and sedimentation controls will be followed during the maintenance activities (Appendix D). General Condition 1.,i - Removal of Temporary Fills All temporary water flow diversion devices will be removed immediately following the maintenance activity. General Condition 14 - Proper Maintenance The existing pipelines and ROW will continue to be maintained and inspected on a regular basis to ensure public safety. General Condition 15 - Wild and Scenic Rivers The project sites are not located in or adjacent to a Wild and Scenic River. General Condition 16 - Tribal Rights The project sites are not located within or adjacent to an Indian reservation or nation. General Condition 17 - Endangered Species No impacts to federally protected species are expected from this project. According to current U.S. Fish and Wildlife Service (USFWS) data, the federally protected species listed as potentially occurring in Davidson County is the Schweinitz's sunflower (Helianthus schweinitzii). This species was not observed at the maintenance location (i.e., on the existing and maintained pipeline ROW) during a field inspection of the site conducted by WEC on July 13, 2009, which is within the flowering period for this species. General Condition 18 - Historic Properties The proposed activities will be conducted within the existing pipeline ROW, which has been previously disturbed; thus no archeological resource impacts are probable. No historic structures were noted within the project areas, and no aboveground structures are proposed for construction. Therefore, the proposed pipeline protection activities will have no adverse affects to cultural resources in the project vicinity. General Condition 1g - Designated Critical Resources Waters Not applicable. General Condition 20 - Mitigation The proposed pipeline maintenance activities have been designed to avoid and minimize impacts to jurisdictional waters to the maximum extent practicable. The temporary stream disturbances do not exceed any of the USACE, Wilmington District, Nationwide 4 PCNNWPNos. 3 and i8 Colonial Pipeline Company - Pipeline Maintenance Lines 1 &2 - Davidson County, VA July 20, 2009 WEC Project No. 02-041901 Permit Regional Conditions requiring mitigation [Refer to USACE, Wilmington District Regional Condition 3 (2) below]. Nevertheless, the proposed stream/bank stabilizations completed to maintain and protect the existing pipelines will result in improved water quality of the stream by reducing soil/bank erosion, which will offset the minor/temporary disturbances associated with the required pipeline maintenance. To ensure that the existing plant community is reestablished following the proposed activity, CPC will segregate the topsoil containing seeds and rhizomes from the rest of the excavated soil. Upon completion of the maintenance activity, the excavated area will be backfilled, and the topsoil will be returned to the top of the excavated area. General Condition 21 - Water Quality The activity will be in accordance with the conditions of the DWQ General Certifications for NWP 3 (WQC NO. 3624) and NWP 18 (WQC No. 3631). General Condition 22 - Costal Zone Management Not applicable. General Condition 2Q - Regional and Case-By-Case Conditions The Wilmington District Final Regional Conditions for Nationwide Permits 1.0 Excluded Waters: 1.1 Waters designated as anadromous fish spawning areas work is prohibited from February 15 - April 30, unless approved by North Carolina Division of Marine Fisheries or North Carolina Wildlife Resource Commission and the U.S. Army Corps of Engineers. Not applicable. 1.2 Waters within North Carolina's 25 designated trout counties work is prohibited from October 15 - April 15, unless approved by North Carolina Wildlife Resources Commission. Not applicable. 1.3 Waters of the U.S. designated as sturgeon spawning areas work is prohibited from February 1 - June 30, unless approved by National Marine Fisheries Service. Not applicable. 2.0 Waters subject to additional notification requirements: 2.1 Waters of the U.S. that require a PCN and are within the 16 North Carolina counties with tributaries that drain to designated critical habitat for protected species. Not applicable. 5 PCNNWPNos. 3 and 18 Colonial Pipeline Company - Pipeline Maintenance Lines 1 &2 - Davidson County, VA July 20, 2009 WEC Project No. 02-041901 2.2 Waters designated as "Outstanding Resource Waters" (ORW), "High Quality Waters" (HQW), "Inland Primary Nursery Areas" (IPNA), contiguous wetlands, or "Primary Nursery Areas" (PNA). Not applicable. 2.3 Waters in a designated "Area of Environmental Concern" (AEC) in the 20 coastal counties of eastern North Carolina. Not applicable. 2.4 Waters on a Barrier Island of North Carolina. Not applicable. 2.5 "Mountain or Piedmont Bog" of North Carolina. Not applicable. 2.6 Animal Waste Facilities of North Carolina. Not applicable. 2.7 Mountain Trout Waters within the 25 designated counties of North Carolina. Not applicable. 3.0 List of Final Wilmington District Regional Modifications and Conditions for All Nationwide Permits: 3.1 NWPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of perennial, intermittent, or ephemeral streams that exhibits important aquatic function(s). Loss of stream includes the linear feet of stream bed that is filled, excavated, or flooded by the proposed activity. The proposed activities will disturb less than 300 linear feet of stream. 3.2 For any NWP that results in impacts more than i5o total linear feet of perennial and/or ephemeral/intermittent stream, the applicant shall provide a mitigation plan to compensate for the loss of aquatic function, associated with the proposed activity. For stream impacts of less than 150 linear feet compensatory mitigation is determined on a case by case basis. Stream impact is less than 150 linear feet, and the proposed pipeline protection activity will improve water quality and the aquatic environment by reducing bank erosion and stream turbidity. 6 PCNNWPNos. 3 and i8 July 20, 2009 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901 Lines 1 &2 - Davidson County, VA 3.3 For any NWP that results in a loss of more than 150 linear feet of perennial and/or intermittent/ephemeral stream, the applicant must comply with NWP General Condition 27 (PCN). Not applicable (i.e., less than 150 linear feet of stream); however, a PCN is required for NWP 18 and compliance with NWP General Condition No. 27 has been provided by the submission of this PCN. 3.4 For all NWPs which allow the use of concrete as a building material, measures will be taken to prevent live or fresh concrete, including bags of uncured concrete from coming into contact with waters of the state until the concrete has hardened. The concrete revetment mats that will be used to stabilize the streambeds and protect the pipelines from future exposures are pre- cast and hardened before they are placed in the streams. 3.5 For all Nationwide Permits that allow for the use of riprap material for bank stabilization: 3.5.1 Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. Not applicable. No riprap will be used for this maintenance project; however, geotextile cloth will be placed underneath the revetment mats. 3.5.2 The placement of riprap shall be limited to areas depicted on submitted work plan drawings. Not applicable. 3.5.3 The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. Not applicable. 3.5.4 It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. Not applicable. 3.5.5 The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. Not applicable. 7 PCNNWPNos. 3 and 18 Colonial Pipeline Company - Pipeline Maintenance Lines 1 &2 - Davidson County, VA July 20, 2009 WEC Project No. 02-041901 3.5.6 A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional condition would result in greater adverse impacts to the aquatic environment. Not applicable. 3.6 For all NWPs that involve the construction of culverts, measure will be included in the construction that will promote the safe passage of fish and aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed opening should be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gage data, if available. In absence of such data, bankfull flow can be used as a comparable level. Not applicable. 3.7 Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination of the disposal area and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should occur between November i and April 30 when recreational usage is low. Only clean sand should be used and no dredged sand from closed shell fishing areas. If beach disposal was to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swim advisory shall be posted, and a press release shall be made. Not applicable. 3.8 Adverse impacts to Submerged Aquatic Vegetation are not authorized by any NWP within any of the 20 costal counties. Not applicable. 4.0 Additional Regional Conditions for Specific Nationwide Permits: NWP 18 may not be used in conjunction with NWP 14 to create upland. Not applicable. 8 PCNNWP Nos. 3 and 18 Colonial Pipeline Company - Pipeline Maintenance Lines 1 &2 - Davidson County, VA July 20, 2009 WEC Project No. o2-o419o1 North Carolina Division of Water Quality (DWQ) General Certification Conditions for NWP 18 (WQC No. 16y) 1. No impacts beyond those authorized in the written approval or beyond the threshold of use of this certification shall occur. The only impacts shall be those described above. 2. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate shall be in full compliance with all specifications governing proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard. Best Management Practices and proper erosion and sedimentation controls will be followed during the maintenance activity (Appendix D). 3-All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project. All erosion control devices (i.e., silt fence and staked hay bales) will be removed upon the re-establishment of vegetation at the site. 4-Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) an NPDES General stormwater permit (NCGoioooo) administered by the Division is automatically issued to the project. Not applicable. 5. If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. Not applicable. 6.All work in or adjacent to stream waters shall be conducted in a dry work area. Techniques will be used that allow the maintenance to take place without contact to flowing water (i.e., "in the dry"), thus reducing downstream sedimentation (Appendices A and B). 7. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins [or any other major river basins with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application] require written concurrence under the above referenced Certification. The site is not located within the Neuse, Tar-Pamlico, or Randleman River Basins. 9 PCNNWPNos. 3 and 18 Colonial Pipeline Company - Pipeline Maintenance Lines 1 &2 - Davidson County, VA July 20, 2009 WEC Project No. 02-041901 8. The vegetative buffer shall be maintained adjacent to all perennial waters except for allowances as provided in the Water Supply Watershed Protection Rules [i5A NCAC 2B .0212 through .02151. The stream is not located within the Water Supply Watershed Protection areas listed above. 9.If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact between curing concrete and stream water. See General Condition 6 - USACE, Wilmington District Regional Condition 3.3• 10. Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and intermittent stream impacts equal to or exceeding 150 feet and that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I and WS-II. Not applicable, less than 150 linear feet of stream impacts proposed at the project site. 11. For all activities requiring re-alignment of streams, a stream relocation plan must be included for written Division approval. Not applicable, the streams will not be relocated. 12. Additional site-specific stormwater management requirements may be added to this Certification for any project that requires a 404 Permit or Isolated Wetlands Permit, and contains one or more drainage areas that area anticipated to have impervious surface cover of equal to or greater than 24 percent. Not applicable. 13. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life. The revetment mat will be placed below the streambed elevation as depicted in Appendix C. 14. Additional site-specific condition may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. As proposed, this project is in compliance with all applicable water quality and effluent standards. 15. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. Not applicable. 10 PCN NWP Nos. 3 and 18 Colonial Pipeline Company - Pipeline Maintenance Lines 1 &2 - Davidson County, VA July 20, 2009 WEC Project No. 02-041901 16. If this Water Quality Certification is used to access building sites, then all lots owned by the applicant must be buildable without additional impacts to streams or wetlands. Not applicable. 17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. Not applicable. 18. When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. Not applicable, written concurrence from DWQ is not required for this project. 19. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding nationwide Permit (i.e., NWP 18). In accordance with U.S. Department of Transportation (USDOT) regulations for pipeline safety, CPC is required to complete this project before July 11, 2010. 20. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards and any other appropriate requirements of State and Federal Law. As proposed, the activities are in compliance with Nationwide Permit General Conditions and DWQ conditions for Section 401 water quality certification and riparian buffer protection. General Condition 24 - Use of Multiple Nationwide Permits This project will use both NWP 3 and NWP 18. The cumulative impacts of both parts of this project will not exceed the highest specified acreages or linear feet of either NWP. General Condition 25 - Transfer of Nationwide Permit Verifications Not applicable. General Condition 26 - Compliance Certification Upon completion of the required maintenance, WEC (as CPC's authorized agent) will sign and submit the USACE certification letter documenting compliance with maintenance activities as they are described in this PCN submittal. 11 PCN NWP Nos. 3 and 18 July 20, 2009 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901 Lines 1 &2 - Davidson County, VA General Condition 27 - Pre-Construction Notification (a) Timing: The prospective permittee must notify the District Engineer with a PCN as early as possible. The District Engineer must determine if the notification is complete within 3o days of the date of receipt and as a general rule will request additional information necessary to make the PCN complete only once. WEC believes that the contents of this package constitute a complete PCN. (b) Contents of the Notification: The following information addresses NWP General Condition 27(b): 1) Name, address, and telephone number of the prospective permittee: Mr. Jeff Richards Colonial Pipeline Company 5251 Highway 153 Suite C, #365 Hixson, TN 37343 (423) 305-1187 2) Location of the Proposed Project: The proposed pipeline project location is near Michael Road (N35° 47' 16.44"N and 8o° 21' 56.52"W) in Davidson County, North Carolina (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 July 13, 2oog. The only feature considered to be jurisdictional waters on the subject site was the unnamed tributary to South Potts Creek. The USACE Approved Jurisdictional Determination Forms are attached as Appendix E. 5) Mitigation required if the proposed activity will result in the loss of greater than o.l acre of wetland and PCN required. Not applicable. 6) Names of federal protected species affected: Refer to General Condition 17 above. 7) National Register of Historic Places Affected: Refer to General Condition 18 above. 12 PCNNWPNos. 3 and 18 July 20, 2009 Colonial Pipeline Company - Pipeline Maintenance WEC Project No. 02-041901 Lines i &2 - Davidson County, VA (c) Form of Notification: A Wilmington District's PCN form is attached as Appendix F. General Condition 28 - Single and Complete Project The maintenance site meets the definition of a single and complete project as defined at 33 CFR 330.2(i). Conclusion The required pipeline maintenance activities proposed in jurisdictional waters of the U.S. and the State of North Carolina will result in temporary disturbance to approximately 87 linear feet of an unnamed tributary to South Potts Creek in Davidson County. During the proposed maintenance activities, appropriate erosion and sedimentation control devices will be used on the entire project site and the proposed activities are in compliance with Nationwide Permit General Conditions and DWQ conditions for Section 401 water quality certification and riparian buffer protection. Based on this submittal, we respectfully request authorization for the aforementioned maintenance project pursuant to NWP Nos. 3 and 18. Please contact the undersigned at 77o- 591-9990 if you have any questions regarding this request. Sincerely, WETLAND & ECOLOGICAL CONSULTANTS, LLC Sharma E. Cahill, C.E. Richard W. Whiteside, Ph.D., C.W.B., C.S.E. Project Ecologist Managing Member Enclosures: Figure 1- Site Photogra Appendix A- Appendix B - Appendix C - Appendix D - Appendix E - Appendix F - Appendix G - Davidson County Site Location Map phs Typical Dam and Pump Maintenance Dig Typical Open Cut Dry Flume Maintenance Dig Detailed Site Drawings CPC's Soil Erosion and Sediment Control Plan Approved Jurisdictional Determination Form Wilmington District PCN Form Wilmington District Agent Authorization Letter cc: Mr. Jeff Richards, Colonial Pipeline Company NCDENR, DW Q (2 copies) USFWS, Asheville 13 > L tRV J ?\ Tyro; J? < ` ? !fi r=? , I - ? •.? owe ; lT '. ';, ?,, s l`Z v 'x. r ti Tyro Road I ,- Michae] Road g? ,( ?-./"? ?•, 11, ?_ a? r?.:? s - Vic-,`' h ?!,??"?-_? ir,?l ?? , •..- ? .,©M?.?;._+?f y 11?...}N ? Y .75Q?• ?" , 1 of 1 l 3 -- f r , L l , t t!/?- y _ h Station 3992+02 ell 1 .lam` r Acr'-.'"`??'.•./ ?1?\? r t i ,I i f? J 1 1 'i ..' x'rG i 2,500 1,250 0 2,500 Feet Base map: USGS 7.5-Minute Topographic Quadrangles - Lexington West, NC. Nationwide Permit Nos. 3 & 18 s-- Figure i CPC - Line i & 2 WETLAND & ECOLOGICAL Site Location Map Davidson County, NC CONSULTANTS, LLC Station No. 3992+02 Woodstock, Georgia WEC Project No. 02-041901 PCN NWP Nos. 3 and 18 Photos taken July 13, 2009 CPC - Lines i & 2 WEC Project No. 02-041901 APPENDIX A TYPICAL DAM AND PUMP MAINTENANCE DIG PERMANENT ROW I I?I ? ? I I I' ? ? ? I III I I I I I I III I II II i II II I I II II I I II II I I III i I I I ?I? III I PUMP SUMP W/INTAKE HOSE FILTER/SCREEN OR SUBMERSIBLE PUMP' WATERBODY SPOIL CONTAINMENT BERM (SILT FENCE, HAY BALES OR OTHER APPLICABLE MATERIALS) SPOIL FILTER BAG ?jl II III lit I II II II II' II II II I II it II I II II "Y J I I i''1 I I I I . _ w l I I TROW ENGINEERING CONSULTANTS INC. •f0. = rcx[ an oaaw ms o?-amo. rs _ RETAIN A MIN. 25' VEGETATIVE BUFFER TO THE EXTENT POSSIBLE ENERGY DISSIPATOR/ SCOUR PROTECTION FLOW DAM ^r^? MAINTAIN A MINIMUM 25' VEGETATIVE BUFFER TO THE EXTENT POSSIBLE BACKHOE FOR STREAM EQUIPMENT CROSSINGS, SEE NOTE 14 SEE SHEET 2 FOR NOTES ?D COLONIAL PIPELINE COMPANY ATwrtA, QWROM TYPICAL DAM AND PUMP MAINTENANCE DIG AT WATERBODY LESS THAN 15' TIM aou on.wq Z w mm..w cm-cum ' w DAM AND PUMP CROSSING THE FOLLOWING IS A SEQUENCE OF CONSTRUCTION AND MITIGATION MEASURES TO BE FOLLOWED AT ALL -DAM AND PUMP' TYPE CROSSINGS. SEQUENCE OF ACTIVITIES STEP 1. IMPLEMENT THE TEMPORARY EROSION AND SEDIMENT CONTROLS. STEP 2. INSTALL DRY STREAM CROSSING MATERIALS. STEP 3. EXCAVATE TRENCH AND INSPECT OR REPLACE PIPE. STEP 4. BACKFILL AND RESTORE STREAM BANKS. STEP S. REMOVE DAMS. STEP S. IMPLEMENT PERMANENT EROSION AND SEDIMENTATION CONTROLS. NOTES: 1• SCHEDULE INSTREAM ACTIVITY FOR LAW FLOW PERIODS AND FOR THE APPROPRIATE TIMING WINDOW. 2. MARK OUT AND MAINTAIN LIMITS OF AUTHORRED WORK AREAS WITH FENCING OR FLAGGING TAPE TO AVOID UNNECESSARY DISTURBANCE OF VEGETATION. ENSURE EQUIPMENT OPERATORS WORKING ON THE CROSSING HAVE BEEN BRIEFED ABOUT THIS PLAN AND THE MEASURES NEEDED TO PROTECT WATER DUALITY. INSTALL PRE-WORK SEDIMENT CONTROL MEASURES AS SPECIFIED IN THE PLAN. ALL NECESSARY EQUIPMENT AND MATERIALS TO BUILD THE DAMS AND TO PUMP WATER MUST BE ON SITE OR READILY AVAILABLE PRIOR TO COMMENCING IN-WATER CONSTRUCTION. 3. CONTRACTOR SHALL SUPPLY INSTALL AND MAINTAIN SEDIMENT CONTROL STRUCTURES. AS 6EPICTED AND ALONG DOWN GRADIENT SIDES OF WORK AREAS AND STAGING AREAS SUCH THAT NO HEAVILY SILT LADEN WATER ENFERS WATERBODY. o. NO HEAVILY SILT LADEN WATER SHALL BE DISCHARGED DIRECTLY OR INDIRECTLY INTO THE WATERBODY. b. EROSION AND SEDIMENT CONTROL STRUCTURE LOCATIONS AS DEPICTED ARE APPROXIMATE AND MAY BE ADJUSTED AS DIRECTED BY THE COMPANY INSPECTOR TO ACTUAL SITE CONDITIONS. e. SILT FENCE OR MAY BALE INSTALLATIONS SHALL INCLUDE REMOVABLE SECTIONS TO FACILITATE ACCESS DURING CONSTRUCTION. UTILIZE HAY SALE BARRIERS ONLY IN LIEU 11. OF A SILT FENCE WHERE FREQUENT ACCESS IS REQUIRED. d. SEDIMENT LADEN WATER FROM TRENCH DEWATERING SHALL BE 12. DISCHARGED TO A WELL VEGETATED UPLAND AREA. INTO A HAY BALE DEWATERING STRUCTURE OR GECTEXTILE FILTER BAG. e. SEDIMENT CONTROL STRUCTURES MUST BE IN PLACE AT ALL TIMES ACROSS THE DISTURBED PORTIONS OF THE RIGHT-OF-WAY EXCEPT DURING EXCAVATION/INSTALLATION OF THE CROSSING PIPE. 4. TO THE EITENT POSSIBLE, MAINTAIN A MINIMUM 23 FEET VEGETATIVE BUFFER STRIP BETWEEN DISTURBED AREAS AND THE WATERBODY. INSTALL AND MAINTAIN A SILT FENCE UPSLOPE OF THE BUFFER STRIP ON EACH SIDE OF THE WATE;RBODY, THE SILT FENCE SHOULD INCORPORATE REMOVABLE GATES AS REOUKRED TO ALLOW ACCESS WHILE MAINTAINING EASE OF REPLACEMENT FOR OVERNIGHT OR DURING PERIODS OF RAINFALL. & CONSTRUCT A TEMPORARY SUMP UPSTREAM OF THE DAM AND LINE WITH ROCKFLL P A NATURAL POOL DOES NOT EXIST. INSTALL THE PUMP OR PUMP INTAKE IN THE POOL OR SUMP. DISCHARGE WATER ONTO AN ENERGY DISSIPATOR DOWNSTREAM OF THE WORK AREA 13. 8. OF THE WWATERBOD? Y. TINS NMATERIAL?PBLE CONWITIHI TAIINED 10 FT. WITHIN BERM CONTAINMENT WITH SECONDARY SILT FENCE PROTECTION TO PREVENT SMATURATED SOIL FROM FLOWING BACK INTO THE WATERBODY. MAINTENANCE OF STREAMFLOW IF THERE IS ANY FLOW IN THE WATERBODY, INSTALL PUMPS TO MAINTAIN STREAMFLOW AROUND THE ISOLATED SECTIONS OF CHANNEL THE PUMP IS TO HAVE 1 A TO 2 TIMES THE PUMPING CAPACITY OF ANTICIPATED FLOW. A SECOND STANDBY PUMP OF EQUAL CAPACITY IS TO BE READILY AVAILABLE AT ALL TIMES. AN ENERGY DISSIPATOR IS TO BE BUILT TO ACCEPT PUMP DISCHARGE WITHOUT STREAMBED OR STREAMBANK EROSION. IF THE WORK IS PROLONGED BEYOND ONE DAY THE AREA NEEDS TO BE MONITORED OVERNIGHT. 8. IF A REPLACEMENT, PIPE MAKE-UP AREAS ARE TO BE LOCATED AT LEAST 50 FT. FROM THE WATERS EDGE VERE TOPOGRAPHIC CONDITIONS PER AND SHALL E THE MINIMUM AREA NEEDED. 0. DAMS ARE TO BE MADE OF STEEL PLATE, INFLATABLE PLASTIC DAM SAND BAGS, COBBLES, WELL GRADED COARSE GRAVEL FILL, OR h&x FILL DAMS MAY NEED KEYING MO THE BANKS AND STREAMBED. ENSURE THAT THE DAM AND VEHICLE CROSSING IF NEEDED ARE LOCATED FAR ENOUGH APART TO ALLOW FOR A WIDE EXCAVATION. CAP FLUMES USED UNDER VEHICLE CROSSING DURING DRY CROSSING. AREA BETWEEN OCCUR IN A ST 10. emH A HIGM4 HYDRAULIC CONDUCTIVITY, THE EXCAVATION IS TO BE CARRIED OUT IN THE STANDING WATER PUMP ANY DISPLACED NAMM AS DESCRIBED ABOVE TO PREVENT OVERTOPPING OF DAMS. INSPECT/REPAIR PIPELINE AS NEEDED. CONTRACTOR SWILL RESTORE THE STREAM BED AND BANKS TO APPROXIMATE PRE-CONSTRUCTION CONTOURS. BUT NOT TO EXCEED 2:1 SLOPE o. CONTRACTOR SMALL INSTAL. PERMANENT EROSION AND SEDIMENT CONTROL STRUCTURES AS INDICATED ON A SITE SPECIFIC BASIS. IN THE ABSENCE OF SITE SPECIFIC INFOR- MATION. FLEXIBLE CHANNEL LINER SUCH AS NAG C125 OR 0350 WHICH R CAPABLE OF WITHSTANDING ANTICIPATED FLOW SHALL BE INSTALLED. ALTERNATIVELY. ROCK RIP-RAP SWN.L BE INSTALLED. b. ANY MATERIALS PLACED IN THE STREAM TO FACILITATE CONSTRUCTION SHALL BE REMOVED DURING RESTORATION. BANKS SHALL BE STABILIZED AND TEMPORARY SEDIMENT BARRIERS INSTALLED AS SOON AS POSSIBLE AFTER IN-STREAM WORK BUT WITHIN 24 HOURS OF COMPLETING N-STREAM WORK. R:. MAINTAIN A SLY FENCE OR HAY BALE BARRIER ALONG THE WATERBODY UNTIL VEGETATION IS ESTABJ,SHM IN ADJACENT DISTURBED AREAS. WHEN THE STREAMBED HAS BEEN RESTORED THE CREEK BN86 ARE TO BE CONTOURED TO A STABLE ANrd AND PROTECTED WITH EROSION RESISTANT MATERIAL COMPATIBLE WITH FLOW VELOCITY BETWEEN DAMS (E.G., EROSION CONTROL BLANK?TS, CRIBBING ROCK RIP-RAP ETC.). THE DAMS ARE TO BE REM MM DOWNSftQ FIRST. KEEP PUMP RUNNING UNTIL NORMAL FLAW 15 RESUMED. COMPLETE BANK TRIMMING AND EROSION PROTECTION. 7. CHEMICALS FUELS. LUBRICATING ORS SHALL NOT BE STORED IF SANDBAGS ARE USED FOR THE DAMS, PLACE AND REMOVE BY AND NOR iAa EQUIPMENT BE REFUELED WITHIN 100 FT. OF THE NAND TO AVOID EQUIPMENT BREAKING BAGS. WATERBOD'Y. PUMPS ARE TO BE REFUELED AS PER THE SPCC PLANS. 14 TEMPORARY EQUIPMENT CROSSING CAN BE CONSTRUCTED USING EITHER A FLUME CROSSING OR A TEMPORARY BRIDGE. FOR BRIDGE CROSSING DETAILS. REFER TO THE TYPICAL RAI" BRIDGE CROSSING OR TYPICAL MAT CROSSING DRAWINGS. TROW ENGINEERING CONSULTANTS INC. wm I 01-29-2M 1 ALS COLONIAL PIPELINE COMPANY ATLANT& GEDRGYA TYPICAL DAM AND PUMP MAINTENANCE DIG AT WATERBODY LESS THAN 15' rm Hw? ro mm a 1m momom CM-ooo3. i w 2 APPENDIX B TYPICAL OPEN CUT DRY FLUME MAINTENANCE DIG WATERBODY li iI Ii IIi ? I ? /TTl SPOIL CONTAINMENT BERM (SILT FENCE, HAY BALES OR OTHER APPLICABLE MATERIALS) SILT FENCE - ?I I PERMANENT ROW TROW ENGINEERING CONSULTANTS INC. m rcnoo,a. m -x m ?- mm , ah D11" as-s-w" rs _ ?-- SANDBAG OR ROCK / PROTECTION AS NEEDED N FLOW PREFABRICATED ----- ' ? FLUMES OPTIONAL ----- STEEL PLATE MAINTAIN A MINIMUM 25' VEGETATIVE BUFFER TO THE EXTENT POSSIBLE FOR STREAM EQUIPMENT CROSSINGS, SEE NOTE 13 SEE SHEET 2 FOR NOTES COLONIAL PIPELINE COMPANY AnAN A. CEDRM TYPICAL OPEN CUT DRY FLUME MAINTENANCE DIG AT WATERBODY FROM 15' TO 50' rwmw3n O0.-s= a 1 DRY FLUME MAINTENANCE WORK THE FOLLOWING IS A SEQUENCE OF CONSTRUCTION AND MITIGATION MEASURES TO BE FOLLOWED AT ALL 'DRY FLUME' WORK LOCATIONS SEQUENCE OF ACTMiIES STEP 1. IMPLEMENT THE TEMPORARY EROSION AND SEDIMENT CONTROLS. STEP 2. INSTALL DRY STREAM CROSSING MATERIALS. STEP 3. EXCAVATE TRENCH AND INSPECT/REPAIR AS NECESSARY. STEP 4. BACKFILL AND RESTORE STREAM BANKS. STEP 5. REMOVE FLUME CROSSING. STEP 6. IMPLEMENT PERMANENT EROSION AND SEDIMENTATION CONTROLS. NOTES: 1. MARK OUT AND MAINTAIN LIMITS OF AUTHORIZED WORK AREAS WITH FENCING OR FLAGGING TAPE TO AVOID UNNECESSARY DISTURBANCE OF VEGETATION. ENSURE EQUIPMENT OPERATORS WORKING ON THE CROSSING HAVE BEEN BRIEFED ABOUT THIS PLAN AND THE MEASURES NEEDED TO PROTECT WATER QUALITY. 2. ALL NECESSARY EQUIPMENT AND MATERIALS TO BUILD THE FLUME MUST BE ON SITE OR READILY AVAILABLE PRIOR TO COMMENCING IN-WATER WORK 3. TO THE EXTENT POSSIBLE, MAINTAIN A MINIMUM 25 FT. VEGETATIVE BUFFER STRIP BETWEEN DISTURBED AREAS AND THE WATERBDDY. INSTALL AND MAINTAIN A SILT FENCE OR HAY BALE BARRIER UPSLOPE OF THE BUFFER STRIP ON EACH SIDE OF THE WATERBODY. 4. CONTRACTOR SHALL SUPPLY, INSTALL AND MAINTAIN SEDIMENT CONTROL STRUCTURES, AS D04MM OR ALONG DOWN GRADIENT SIDES OF WORK AREAS AND STAGING AREAS SUCH THAT NO HEAVILY SILT LADEN WATER ENTERS THE WATERBODY. o. NO HEAVILY SILT LADEN WATER SHALL BE DISCHARGED DRECTLY OR INDIRECTLY INTO THE WATERBODY. b. EROSION AND SEDIMENT CONTROL STRUCTURE LOCATIONS AS DEPICTED ARE APPROXIMATE AND MAY BE ADJUSTED AS DIRECTED BY THE COMPANY INSPECTOR TO ACTUAL SITE CONDITIONS. e. SILT FENCE OR HAY BALE INSTALLATIONS SHALL INCLUDE REMOVABLE SECTIONS TO FACLITATE ACCESS DURING CONSTRUCTION. UTILIZE HAY BALE BARRIERS ONLY IN LIEU OF A SILT FENCE WHERE FREQUENT ACCESS IS REQUIRED. d SEDIMENT LADEN WATER FROM TRENCH DEWATERING SHALL BE DISCHARGED TO A WELL VEGETATED UPLAND AREA NRTO A MAY BALE DEMATERING STRUCTURE OR GEOTEXTILE FILTER BAG. ?. SEDIMENT CONTROL STRUCTURES MUST BE IN PLACE AT ALL TIMES ACROSS THE DISTURBED PORTIONS OF THE RIGHT-OF-WAY EXCEPT DURING DUVATION/REPAIR. 5. FLUME CAPACITY DURING DRY CROSSING SHALL BE SUFFICIENT TO ACCOMMODATE 1.5 TIMES THE FLOW MEASURED AT THE TIME OF CONSTRUCTION PROVIDED THAT THE FLUMES WILL BE IN PLACE NOT MORE THAN 96 HOURS AND NO PRECIPITATION IS FORECAST. FLUME CAPACITY FOR VEHICLE ACCESS SHALL BE SUFFICIENT TO PASS THE 2 YEAR DESIGN FLOW OR THE FLOW REASONABLY EXPECTED TO OCCUR DURING THE INSTALLATION. EXCESS FLUMES REQUIRED FOR LONGER TERM ACCESS SHALL BE CAPPED DURING DRY CROSSING PROCEDURES. 6. ENSURE THAT THE DAMS AND EQUIPMENT CROSSING ARE LOCATED FAR ENOUGH APART TO ACCOMMODATE THE REQUIRED EXCAVATION. 8. EXCAVATE AS REQUIRED TO INSPECT OR REPLACE PIPE. 9. EXCAVATED MATERIAL MUST NOT BE STOCKPILED WITHIN 10 FT. OF THE WATERBODY. THIS MATERIAL MUST BE CONTAINED WITHIN BERM CONTAINMENT WITH SECONDARY SILT FENCE PROTECTION TO PREVENT SATURATED SOIL FROM FLOWING BACK INTO THE WATERBODY, 10. DEWATERING SHOULD OCCUR IN A STABLE VEGETATED AREA A MINIMUM OF 50 FT. FROM ANY WATEABODY, THE PUMP DISCHARGE SHOULD BE DIRECTED ONTO A STABLE SPILL PAD FILTER BAG OR HAY BALE STRUCTURE TO PREVENT L.OCALIZE6 INTO SHEET THE DISCHARGE WATER FLOW IMMEDIATELY BEY0O DUTTHE SPILL LLPAD CUSING HAY BALES AND THE NATURAL TOPGRAPHY. 11. FLUMES SHOULD BE REMOVED AS SOON AS POSSIBLE, WHEN NO LONGER REQUIRED FOR IN-STREAM ACTIVITY OR FOR ROAD ACCESS, AS FOLLOWS: o. REMOVE THE VEHICLE CROSSING RAMP. BANKS ARE TO BE RESTORED TO A STABLE ANGLE AND PROTECTED WITH EROSION RESISTANT MATERIAL COMPATIBLE WITH THE FLOW CONDITIONS_(E.G, EROSION CONTROL BLANKETS, CRIBBING. ROCK RIP-RAP. ETC.) TO THE MAXIMUM EXTENT POSSIBLE BEFORE REMOVING THE DAMS b. REMOVE DOWNSTREAM DAM, e. REMOVE UPSTREAM DAM. d REMOVE FLUME. e. ABAG ARE K USTRIMMING AND EROSON ED FOR THE DANIS. PLACE ?MID SND REMOVE BY HAND TO AVOID EQUIPMENT BREAKING BAGS. 12. CONTRACTOR SHALL RESTORE THE STREAM BED AND BANKS TO APPROXIMATE PRE-CONSTRUCTION CONTOURS. BUT NOT 70 EXCEED 2:1 SLOPE. e. CONTRACTOR SHALL INSTALL PERMANENT EROSION AND SEDIMENT CONTROL STRUCTURES AS INDICATED ON A SITE SPECIFIC BASIS. IN THE ABSENCE OF SITE SPECIFIC INFOR- MATION A FLEXIBLE CHANNEL LINER SUCH AS NAG C125 OR C350 JMICH IS CAPABLE OF WITHSTANDING ANTICIPATED FLOW SHALL BE INSTALLED. ALTERNATIVELY, ROCK RIP-RAP SHALL BE INSTALLED. b. ANY MATERIALS PLACED IN THE STREAM TO FACILITATE CONSTRUCTION SHALL BE REMOVED DURING RESTORATION. BANKS SHALL BE STABILIZED AND TEMPORARY SEDIMENT BARRIERS INSTALLED AS SOON AS POSSIBLE AFTER IN-STREAM BUT WITHIN 24 HOURS OF COMPLETING THE IN-STREAM WORK. T, PLACE IMPERVIOUS DAMS AT EACH END OF THE FLUME, UPSTREAM c. MAINTAIN A SILT FENCE OR WAY SALE BARRIER ALONG FIRST THEN DOWNSTREAM. ACCEPTABLE ALTERNATIVES INCLUDE THE WATERBODY UNITE VEGETATION IS ESTABLISHED IN CRAA WITH RIP-RAP PROTECTION. SAND BAGS, STM PLATE AND ADJACENT DISTURBED AREAS, ROCKFILL DURING INSTALLATION INSTALL AN IMPERVIOUS MEMBRANE. 13. TEMPORARY EQUIPMENT CROSSING CAN BE CONSTRUCTED USING EITHER IF NECESSARY TO LIMIT LEAKAGE; DAMS MAY NEED KEYING INTO A FLUME CROSSING OR A TEMPORARY BRIDGE. FOR BRIDGE CROSSING THE BANK AN STREAMBED. DETAILS, REFER TO THE TYPICAL RAILCAR BRIDGE CROSSING OR TYPICAL MAT CROSSING DRAWINGS. TROW ENGINEERING CONSULTANTS INC. Ma I 01-20-2oM I NS COLONIAL PIPELINE COMPANY ATLANTA, GEOFM TYPICAL OPEN CUT DRY FLUME MAINTENANCE DIG AT WATERBODY FROM 15' TO 50' "al PROWL N bv~ >2+(n r.nmwm cu-mis i or 2 APPENDIX C DAVIDSON COUNTY DETAILED SITE DRAWINGS & PHOTOGRAPHS A Lr) Lr) `V LAJ ,w\ Q Im Zm v > Z Orj Q I p O ca L) W Z J W Va a J a z o Z o U ? Q O ? O? ^W o JCl- v •m \ \r Qoz 0 NW J QL b O k a W d o in o 0 Z Z ?E w m? 00j ? ..y? Ib lpq bhC o 'El C a h?n.o ? m co 4?` 2 X (2) W '` v L4- ? o W i Q ? Zm O Im J ? i rn a W J Z W a V J Z 0 2 0 U ? C e e „ W --- ' `j --- ' w Z J ''ti' i i i cn m JCL. r ~ "B""B" W zv W Q? ?.. WJZ $ o O p W e L Z C,l W Z) Q 1 '" ``\ ?QJ U m S a o Z? ? ?? o J a0 Cl- C9 It I W Z Q C. } Q L4: Lo O J LL- Q O _ o Q W SSdWS Q O ? C ? q d ~ O Lj cc Z ^??oOo o y 'a W C ?m O NO OOppy ^y3 coo, V ti 2 2m cr? mooex? =3 U m2 a4 c ,? >c Q ? Oti LLJ w p ? ni 2 a 0 i rn z a 0 0 U W Z J W IL f a EII J Z o Z O 0 U ot Q y U a, o _ Q ?° 00 4 L Q) 2 z co Q) Q) ,??=-----,N LJLJ o O o :z ? LU o ? J p J Ln CO) N W o ?Qj y v? 8 CQ 03o ZZ v WL4j SOW ego ` E U W Z mn oo; ? ? g h 4 e3 mm E v z 75 L?Eao?iy ??'? co m2a p P? m N .r, O c? Q\ O ? ? OZ ? ? bA o ? U? o? c? A w z w AML APPENDIX D 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 At filtration bags and discharged to a well-vegetated area. • All work will be confined within the existing right-of-way. Staked bay bales and silt fence will be instped around the worksite'and maintained until vegetation is established. Proper controb will be added if necessary during construction: • All terms and conditions within Nationwide Permit 3 will be followed. • Erosion control measures will be installed prior to conducting any soil disturbing activities associated with the pipeline maintenance activity. • Clearing of vegetation will be kept to an absolute minimum and confined to the existing pipeline easement area. The easement area is 5o 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 o.5 inch or greater. 2. All control measures will be maintained in good working order. If a repair is necessary, it will be initiated within 24 hours of the report. 3. Built-up sediment will be removed from silt fences when it has reached one-third the height of the fence. 4. Silt fences will be inspected for depth of sediment, tears, secure attachment of the fabric to the fence posts, and firm placement of the fence posts in the ground. 5. Temporary and permanent seeding and planting will be inspected for bare spots, washouts; and healthy growth. 6. Colonial Pipeline Company will select individuals to be responsible for inspections, maintenance and repair activities, and completion of the inspection and maintenance report. Personnel selected for inspection and maintenance responsibilities will receive training from Colonial Pipeline Company or its representative. Personnel must be trained in all practices necessary for maintaining the erosion and sediment controls used on-site. APPENDIX E APPROVED JURISDICATIONAL DETERMINATION FORM APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION l: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District C. PROJECT LOCATION AND BACKGROUND INFORMATION: Davidson County Site, Figure 1 State:NC County/parish/borough: Davidson City: y Center coordinates of site (lat/long in degree decimal format): Lat. 35.7879 Long. -80.3657° W. Universal Transverse Mercator: 17N 557321.0 E 3960609.4 N Name of nearest waterbody: South Potts Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Yadkin River Name of watershed or Hydrologic Unit Code (HUQ Lower Yadkin 03040103 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. E] Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: ® Field Determination. Date(s): 7-14-09 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Xre "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t TNWs, including territorial seas Q Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs [] Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs [] Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs El Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs El Impoundments of jurisdictional waters fifl Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 87 linear feet: 3.5 width (ft) and/or 0.007 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Established, 6) (A. iw Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 0 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 1 Boxes checked below shall be supported by completing the appropriate sections in Section Ill below. z For purposes of this form, an RPW is defined as a tributary that is not a TN W and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION Ill: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section 111.A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section II1.13 below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanoshave been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.BA for the tributary, Section 1H.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section HLC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 152 a'w1c"es" Drainage area: 82 ,acres Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through 3 tributaries before entering TNW. Project waters are 2 5 river miles from TNW. Project waters are 2 5 river miles from RPW. Project waters are Y 5 aerial (straight) miles from TNW. Project waters are 25 aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: south. Tributary stream order, if known: 1. ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ? Natural ? Artificial (man-made). Explain: ® Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 3.5 feet Average depth: 1 feet Average side slopes: 21. Primary tributary substrate composition (check all that apply): ® Silts ? Sands ? Concrete ? Cobbles ? Gravel ® Muck ? Bedrock ? Vegetation. Type/%cover: ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: stream banks maintained within ROW. Presence of run/riffle/pool complexes. Explain: Tributary geometryi adN elf; stritiglrt Tributary gradient (approximate average slope): 2 % (c) Flow: Tributary provides for: SeaS0n31;11W Estimate average number of flow events in review area/year: 20t; or?grea er Describe flow regime: perennial. Other information on duration and volume: Surface flow is: Contincd. Characteristics: Subsurface flow: Unknown. Explain findings: ? Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ? OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ? changes in the character of soil ? ® shelving ? ® vegetation matted down, bent, or absent ? ? leaf litter disturbed or washed away ? ? sediment deposition ? ? water staining ? ? other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community El Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determ High Tide Line indicated by: 91 ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): ine lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: water was turbid at the time of the site visit due to recient rainfall. Identify specific pollutants, if known: °A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): No riparian corridor located within a maintaned ROW. ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: P'is"t. Explain: Surface flow is: U-M lct Characteristics: Subsurface flow: P"'UTE. Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain ? Ecological connection. Explain: ? Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands arFriver miles from TNW. Project waters are erial (straight) miles from TNW. Flow is from: Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation typelpercent cover. Explain: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis Piek List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section 111.13: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: H TNWs: linear feet width (ft), Or, acres. 0 Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: see photographs, USGS quadsheet. El Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section 111.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 87 linear feet 3.5 width (ft). El Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): E] Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. El Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. 0 Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: 0 Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. El Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters. As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Q Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 El which are or could be used by interstate or foreign travelers for recreational or other purposes. El from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. El which are or could be used for industrial purposes by industries in interstate commerce. El Interstate isolated waters. Explain: El Other factors. Explain: Identify water body and summarize rationale supporting determination: "See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): Q Tributary waters: linear feet width (ft). 0 Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. El Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Q Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): El Non-wetland waters (i.e., rivers, streams): linear feet width (ft). 0 Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: 0 Wetlands: acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): 91 Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). Q Lakes/ponds: acres. 91 Other non-wetland waters: acres. List type of aquatic resource: El Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Wetland & Ecological Consultants, LLC and Submar Inc. (Figure 1 and Appendix Q. Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. Q Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 and Lexington West, NC. Q USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: Q State/Local wetland inventory map(s): FEMA/FIRM maps: Q 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ? Aerial (Name & Date): or ® Other (Name & Date):7-13-09. Previous determination(s). File no. and date of response letter: ? Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: This JD form refers to the unnamed tributary to South Potts Creek near Michael Road, see Figure 1. APPENDIX F WILMINGTON DISTRICT PCN FORM Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (It any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 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: ? II. Applicant Information 1. Owner/Applicant Information Name: Mr. Jeff Richards Colonial Pipeline Company Mailing Address: 391 Scruggs Road Ringgold GA 30736 Telephone Number: (423) 305-1187 Fax Number:_ (706) 891-9916 E-mail Address: irichard(@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: Shanna Cahill / 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: secahilIPwet-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: Davidson County /Pipeline Maintenance Project 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: Davidson Nearest Town:_ Tyro Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From I-85 North take exit 86 turn west onto Belmont Road, turn northeast onto Old Salisbury Road turn northwest onto Michael Road. The ROW is located off of Michael Road to the west south of Curtis Drive. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.7879° N 80.3657° W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: South Potts Creek 8. River Basin: Lower Yadkin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htta://h2o.enr.state.nc.us/admm/ma SO 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is an existing maintained pipeline ROW that is periodically mowed. Updated WI/2005 Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: See the description in the "Background" and "Proposed Activities in Waters of the U.S." sections of the attached cover letter. 11. Explain the purpose of the proposed work: To repair and protect an existing exposed petroleum pipeline, and to prevent future exposure. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. 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 flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within I00-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreap-e. multiply leneth 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 I Unnamed tributary to South Potts Revetment mats Perennial 3.5 feet 87 0.007 Total Stream Impact (by length and acreage) 50 0.007 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, floodin , 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) N/A 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): 0.007 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.007 Total Stream Impact (linear feet): 87 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed project is designed to minimize impacts to jurisdictional waters as much as practicable. The revetment mat will only be used to protect CPC's existing pipeline and to stabilize the stream bank. 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 Updated 11/1/2005 Page 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htlp://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.nc.gs/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 213 .0233 (Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (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. I I Required Zone* I Impact Multiplier 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 213.0242 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 pipeline should be repaired and protected from future damage. No other work will be needed. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 12 of 12 APPENDIX G WILMINGTON DISTRICT AGENT AUTHORIZATION LETTER I CD Jeff W. Richards Southeast District Environmental Manager April 2, 2007 U.S. Army Corps of Engineers Wilmington District, Raleigh Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 Division of Water Quality 401 Wetland Unit 1650 Mail Service Center Raleigh, North Carolina 27699 Subject: Authorization Letter To Whom It May Concern: Colonial Pipeline Company Telephone: (706) 891-6658 Colonial Pipeline Company (CPC) gives authorization to Wetland & Ecological Consultants (WEC) to serve as our agent regarding North Carolina Division of Water Quality (DWQ)/U.S. Army Corps of Engineers (USACE) Pre-Construction Notification (PCN) Application Forms. Should you have any questions or concerns please contact me at the letterhead address or telephone number. Sincerely, / iw Jeff Richards Environmental Manager Southeast District 391 Scruggs Ringgold, GA 30736