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HomeMy WebLinkAbout20190929 Ver 1_401 Application_20190711corb I u ECOLOGY GROUP July 10, 2019 NC DWR, 401 & Buffer Permitting Branch 512 North Salisbury Street Raleigh, NC 27604 JUL 1 1 2019 8\ Subject: Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company Maintenance 2 go 92 9 Wake County, North Carolina Corblu Project No. 02-041901- Line 24 Exposure To whom it may concern.- On oncern: On behalf of our client, Colonial Pipeline Company (CPC), Corblu Ecology Group, LLC (Corblu) is pleased to submit this Section 401 water quality Pre -Construction Notification (PCN) for the required exposed pipeline maintenance work within Big Branch, an intermittent stream, for CPC's existing Line 24. The pipeline exposure is located within CPC's existing right-of-way (ROW) southwest of the South Salem Street and East William Street intersection near Wragby Lane in Wake County, North Carolina (35.719330, -78.861470; Figure 1). Based on our evaluation of the subject site, we believe that the temporary and permanent disturbances to waters of the U.S. associated with this maintenance activity are authorized by the U.S. Army Corps of Engineers (USACE) under Nationwide Permit (NWP) No. 3 (a) and (c) — Maintenance. This NWP does not require notification of the USACE prior to initiation of the work; however, it has been determined that written approval is required from the North Carolina Department of Environmental Quality (DEQ) for Section 401 Water Quality Certification prior to the initiation of work. Background Corblu inspected the above referenced exposure maintenance location for the presence of jurisdictional waters of the U.S. on March 26, 2019. Jurisdictional waters (Big Branch, an intermittent stream) were observed at this location (Photograph Nos. 1 — 2; Figure 2). Recent high flow events from significant precipitation have resulted in a head cut migration in Big Branch within CPC's ROW, exposing CPC's Line 24. The exposure and lack of surface pipeline protection at the maintenance location has resulted in conditions that leave the pipeline vulnerable to Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 24 Exposure 2 July 10, 2019 Corblu Project No. 02-041901 —Wake Co. NC potential damages. Further, these conditions are not consistent with CPC's or U.S. Department of Transportation regulatory requirements for pipeline protection. Due to the lack of protective cover, CPC temporarily hand placed sandbags over the exposure within the stream until a permanent solution could be engineered. Proposed Activities in Jurisdictional Waters The proposed pipeline maintenance activity will include permanent and temporary impacts to Big Branch. Specifically, CPC proposes to permanently construct a riffle throughout the reach of stream within their ROW using natural stream design (NSD) techniques, which will include a boulder step to re- establish and maintain the stream grade (Appendix A). This will provide the required protective cover over Line 24 while maintaining existing stream flow. The NSD will require a total of 49.5 linear feet (LF) (approximately 29.5 LF of permanent and 20 LF of temporary impacts for workspace) of stream impact. To conduct work "in -the -dry" CPC proposes to use impervious dikes (upstream and downstream of the maintenance area), a de -watering pump, and a stabilized in channel outlet for the downstream pump discharge (to be removed following stream restoration). The proposed maintenance location will be accessed through CPC's existing, mowed, and maintained ROW from Wragby Lane to conduct the maintenance activity (Figure 3). CPC intends to inspect the exposed pipeline (Line 24) and replace the required protective cover over Line 24 through NSD techniques (Appendix A). To re-establish the required protective cover CPC intends to conduct the following: 1) excavate the exposure on Line 24; 2) inspect and make repairs to Line 24 as necessary; 3) backfill the excavation area; 4) construct a natural riffle through the reach of Big Branch within CPC's ROW to re-establish the pre -erosion contours of the streambed, providing the required protective cover over the pipeline while maintaining existing flow conditions; 5) construct a boulder step at the downstream end of Big Branch within the ROW; and 6) stabilize the outside bends of the tributary within the ROW by sloping back the banks and installing coir matting. As stated above, to minimize sedimentation to the streams during the above-mentioned maintenance activity, impervious dikes will be temporarily placed upstream and downstream of the maintenance area to conduct maintenance activities "in -the -dry". The stream flow will be pumped around the maintenance area, discharging immediately downstream via an energy dissipater into a stabilized in channel outlet to prevent stream scour. The pump used will be sufficiently sized to accommodate the anticipated stream flow (Appendix A). Further, a de -watering pump and special stilling basin will be used within the defined work area to pump any groundwater recharge to maintain "in -the -dry" conditions. Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 24 Exposure 3 July 10, 2019 Corblu Project No. 02-041901 —Wake Co. NC All temporarily excavated soils will be stored within the adjacent upland area and returned to the excavated trench. Following the completion of the initial line inspection, the intermittent tributary will be restored to approximate pre -erosion contours based on the NSD plans (Appendix A). It is our understanding that once the NSD construction has been completed the temporary dikes will be removed and normal stream flow will be restored. Riprap used within the stream bed will be set to grade not to impede stream flow. Further, riprap placed above the ordinary high-water mark will be underlain with an erosion control blanket (geotextile fabric). CPC's standard erosion control practices will be employed (Appendix B). Specifically, the disturbed areas along the stream banks will be revegetated with a grass seed mix and stabilized with straw. No monofilament erosion control matting is proposed. Corblu respectfully requests 401 Water Quality Certification for the required preventative pipeline maintenance and the unavoidable permanent impacts to approximately 49.5 LF (29.5 LF permanent and 20 LF of temporary workspace) of Big Branch within CPC's existing, mowed, and maintained ROW (Appendix A). The appropriate figures and photographs are enclosed for your review. 401 & Buffer Permitting PCN Submittal Checklist We have provided the following information to document compliance with the requirements outlined in the PCN Submittal Checklist (Appendix C). Each item is discussed below. Application Fee A $240.00 check made out to "N.C. Division of Water Resources" for 401 Water Quality Certification with minor impacts has been included with this submittal. PCN Application A complete copy of the USACE Wilmington District PCN Application and supporting documentation have been included with this submittal (Appendix D). Stormwater Management Plan Not Applicable - This is a maintenance activity for an existing petroleum pipeline and does not involve the construction of any roads or structures. If your prooect is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form: Three (3) copies of the details for on-site diffuse flow provisions Big Branch is in the Cape Fear River Basin. The Cape Fear River Basin does not have state implemented riparian buffer rules. Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 24 Exposure 4 July 10, 2019 Corblu Project No. 02-041901 —Wake Co. NC DWR Stream Determination Forms for streams on property and DWR determination letter for wetlands or streams (if applicable) Not Applicable — The Line 24 exposure location is listed as Exempt since the use of the pipeline is present and ongoing. Maps and Plans • The most recent version of the 1:24,000 USGS Topographic Map: See Figure 1. • The most recent version of the bound and published County NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar -Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects): See Figures 4A and 4B. • Vicinity map: See Figure 3. • The Site Plan: See Appendix A. • Pre-construction/Pre-existing conditions: See Appendix A. • Proposed conditions: See Appendix A. • Drainage Plans: Not Applicable. • Proposed Impacts: See Appendix A. • Wetland Impacts: Not Applicable. • Stream Impacts: See Appendix A. Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 24 Exposure Summary and Conclusion July 10, 2019 Corblu Project No. 02-041901 — Wake Co. NC In summary, the pipeline maintenance activity will result in unavoidable permanent and temporary impacts to approximately 49.5 LF of Big Branch (29.5 LF permanent/20 LF temporary) as authorized under the USACE NWP No. 3(a) and (c). The project was designed to avoid and minimize stream impacts to the maximum extent practicable and represents the least environmentally damaging, practicable alternative that satisfies the project purpose. Based on this submittal, we respectfully request written authorization of Section 401 Water Quality Certification. If you have any questions or comments regarding this PCN submittal, please contact the undersigned at (770) 591-9990. Sincerely, CORBLU ECOLOGY GROUP, LLC /A� e. -r.. Michael A. Barfield, CWB, CE Project Ecologist Richard W. Whiteside, PhD, CWB, CSE President Enclosures: Figure 1 — Site Location Map Figure 2 — Jurisdictional Features Figure 3 — Vicinity Map Figure 4A — USDA NRCS Soils Map Figure 4B — USDA Soils Map Photographs (2) Appendix A: Detailed Site Plans Appendix B: CPC Soil Erosion and Sediment Control Plan Appendix C: 401 & Buffer Permitting PCN Submittal Checklist Appendix D: USACE Wilmington District PCN Form c: Ms. Jennifer Price, CPC Project Manager, via email Mr. John Wyatt, CPC Environmental Lead -SED, via email Mr. Faron Leigh, CPC Environmental Specialist, via email 5 Photograph No. 1 Line 24 Exposure Location (35.719330,-78.861470) r r f s; t== l` -.1: 11-4-A Big Branch (intermittent stream) approximately 50 linear feet 17 within CPC ROW Photograph No. 2 Base Map Source: ESRI Aerial Imagery GPS Data Collected: 3/26/19 Colonial Pipeline Company, SE Line 24 Exposure Big Branch Wake County, North Carolina 1.1,000 cor lu ECOLOGY GROUP 0 50 100 Figure 2 Jurisdictional Features Project No. 02-041901 200 Feet Base Map Source: ESRI Aerial Imagery 0 100 200 400 Feet GPS Data Collected: 3/26/19 1-2,000 Colonial Pipeline Company, SE Figure 3 Line 24 Exposure Big Branch o r b I Vicinity Map Wake County, North Carolina ECOLOGY GROUP Project No. 02-041901 Vol -� . ,... P �'" iii �.,� ash •�► 7 • f �' fT - 'y , 1 � `�.rE� N•• I��_�M_Wp` `.`�.�1 _ •+Y1rA►�Q- `� _ •� a �vim 4 . 6 MA nA PRO WW I Y x . , e dd�, - q 1 �►`_ IWO a s 1� I—M iNWICY.Ak Legend A-W� CPU Pipeline O -U Project Area r , ":P•.+v .r ."Jsaw ... ;L `46. i, �i,I ✓ ,�I !_ ' f 6; '.�IIi:+NF Base Map Source: ESRI Aerial Imagery 0 50 100 200 Feet Soils Data: Web Soil Survey Download 5/23/19 1:1 000 GPS Data Collected: 3/26/19 Colonial Pipeline Company, SE Line 24 Exposure Big Branch Wake County, North Carolina *AN "ti corblu ECOLOGY GROUP Figure 4B USDA Soils Map Project No. 02-041901 Section 401 Water Quality Pre -Construction Notification Colonial Pipeline Company — Line 24 Exposure Photographs taken on March 26, 2019 Corblu Project No. 02-041901 — Big Branch Exposure Line 24 Exposure 2 Photograph No. 1: Southeast facing view of the Line 24 exposure (erosional headcut) in Big Branch (intermittent stream) within CPC's mowed and maintained right-of-way. APPENDIX A DETAILED SITE PLANS COLONIAL PIPELINE COMPANY 124 0) Yr D O E WAKE COUNTY O PROJECT LOCATION: WRAGBLY LN., WAKE COUNTY, NC N LOCATION TYPE OF WORK: STREAM REPAIR U E �6 Z 2 0 VICINITY MAP U WINDEX OF SHEETS 1... TITLE SHEET y IA... STREAM CONVENTIONAL SYMBOLS GENERALNOTES SHEETS 42. TYPICALSECTIONS 2A-2D... DETAILS 3... PLAN AND PROFILE II c� �� v x w N W Z J U W GRAPHIC SCALES O 5 O 0 20 RF VISIONS PREPARED FOR: CD ColonlilNMliM Company cO bIu O PREPARED INH : ECOSYSTEM 1150 SE MAYNARD ROAD PLANNING 11 SUITE 140 CARY. NC 2']511 RESTORATION LICENSE# P-1182 PROJECT ENGINEER NO. DESCRIPTION RNGR. APPROV. DATE I 75Y DESIGN PLANS WSH KLT 'i2i Iy PLANS ECOLOGY GROUP PROGRESS DRAWING FOR RENPURPOSES ONLY O 10 5 O 10 20 CORBW ECOLOGY GROW. LLC COLGNIALPI LINECOMPANY 3225 S. DHERONEE LANE. 1185S--P —. STEW OO NOTUSE FORCONRUCTK)N mi I'R0111�(1-101 1A1) BLOC. 800 SUITE 100 WOOOSrOCK. GA 30188 ALPHAR—. GA 30004-4738 SUMMER2019 WILLIAM SCOTT HUNT. III. PE CONSTRUCTION DATE: PROJECT ENGINEER 2.5 O 5 20 -�-�—� P.C. ISICNATUR[a SHANNACAHILL LlV PROJECT MANAGER PROFILE ERTICAU ij STREAM CONVENTIONAL SYMBOLS GENERAL NOTES PRDJEGT# SHEET NO. 124 1A ROCK J-HOOK .1H —SF— SAFETY FENCE ®� ROCK VANE Rv — TP — TAPE FENCE C, OFFSET ROCK CROSS VANE Dv —III— SILT FENCE 1. CONSTRUCTION IS SCHEDULED TO BEGIN SUMMER 2019. SYMBOLOGY 2. THE CONTRACTOR IS REQUIRED TO INSTALL ALL INSTREAM STRUCTURES NOTES USING A TRACK HOE WITH A HYDRAULIC TH UMB OF SUFFICIENTSIZE TO HANDLE AND PLACE BOULDERS. g� p p ROCK CROSS VANE xv —X— FENCE .d 3. WORK IS BEING PERFORMEDASAN ENVIRONMENTAL RESTORATION PROJECT. THE CONTRACTOR SHALL MAKE ALL REASONABLE EFFORTS TO —®— CONSERVATION EASEMENT TEMPORARY SILT CHECK REDUCE SEDIMENT LOSS AND MINIMIZE DISTURBANCE OF THE SITE WHILE PERFORMING THE CONSTRUCTION WORK. ROOT WAD --20-- EXISTING MAJOR CONTOUR 4. PRIOR TO BEGINNING ANY LAND DISTURBING ACTIVITIES, ALL REGULATORY GRADE CONTROL LOG J HOOK VANE uR ----- EXISTING MINOR CONTOUR PERMIT APPROVAL AND NOTIFICATION MUST BE GRANTED BY AN D RECEIVED FROM THE US ARMY CORPS OF ENGINEERS AND NC DIVISION OF WATER LOG VANE 9 ------- LIMITS OF DISTURBANCE RESOURCES. 5. THE CONTRACTOR IS REPONSIBLE FOR ALL UTILITY LOCATION, INCLUDING LOG STEP O — — – BANKFULL BENCH (GRADE) CONTACTING NORTH CAROLINA "ONE CALL" CENTER (1 .800.632.4949), BEFORE BEGINNING CONSTRUCTION. Rs CLD ROCKSTEP PROPERTY LINE / \ LOG CROSS VANE O ACCESS ROAD 6. ATEMPORARY PUMP-AROUND OPERATION SHALL BEUTILIZED FOR ALL IN- CHANNEL WORK,SUCH THAT ALL INCHANNEL WORK IS CONDUCTED IN THE DRY. 1o,�n CONSTRUCTED CASCADE cc I STREAM THALWEG 7. THE CONTRACTOR SHALL MOBILIZE EQUIPMENTAND MATERIALS TO THE SITE USING THE EXISTING CPC EASEMENT. CONSTRUCTED RIFFLE B. THE CONTRACTORSHALL UTILIZE EXISTING ENTRANCES, PATHS. AND ROADS c® STREAM TOP OF BANKS TOTHE EXTENT POSSIBLE. ANY NECESSARYSTREAM CROSSINGS SHALL BOULDER CLUSTER ^, FOOTBRIDGE LOG ROLLER O _TEMPORARY STREAM CROSSING CONSIST OF TEMPORARY (WOOD MAT) STREAM CROSSINGS. 9. THE CONTRACTOR SHALL STORE ALL EQUIPMENT AND MATERIALS WITHIN THE EXLSTING CPC EASEMENT. I O.ALL STOCKPILED SOIL MATERIAL SHALL BE BORDERED BY SILT FENCE. u O PERMANENT FORD STREAM CROSSING PFc ryq)yy GRADE CONTROL WOODY RIFFLE w® ® TRANSPLANTED VEGETATION 1 1 .THE CONTRACTOR SHALL NOT DISTURB STABLE SECTIONS OF THE CHANNEL AS SHOWN ONTHE PLANS AND AS DIRECTED BYTHE ENGINEER. 12.ALL DISTURBED STREAMBANKS SHALL BESEEDED, MULCHED AND MATTED UNLESS OTHERWISE NOTED. TREEREMOVAL 13.ALL EXISTING CHANNELS TO BE FILLED SHALL HAVE ALLUVIUM EXCAVATED �'�''�'')''�� TOEWOOD WITH GEOLIFT © AND STOCKPILED FOR THE USE IN IN-STREAM STRUCTURES CONSTRUCITON VIrirM� TREE PROTECTION PRIOR TO CHANNEL FILLING. ®14.STONE GEOLJFT SOD MATS O BACKFILL FOR INSTREAM STRUCTURES SHALL INCLUDE AN EVEN MIX OF CLASS A AND CLASS 6 STONE, AND APPROPIRATE ON-SITE ALLUVIUM, IF CHANNEL FILL /DITCH PLUG AVAILABLE. IF APPROPRIATE ON-SITE ALLUVIUM IS NOT AVAILABLE, THE DEBRIS JAM D1T# ® GRADE BANK 2:1 OR FLATTER CONTRACTORSHALL USE AN EVEN MIX OF CLASS A, CLASS B AND #57 STONE. I S.IMMEDIATELY UPON COMPLETION OF CHANNEL BANK GRADING AND EXISTING WETLANDS CONSTRUCTION, THE CHANNEL BANKS AND SLOPES SHALL BE SEEDED, SINGLE WING DEFLECTOR Q© – s VEGETATED SWALE vs MULCHED, AND MATTED WITH EROSION CONTROL MATTING, UNLESS ANOTHER TREATMENT IS SHOWN ON THE PLANS. 16.UPON COMPLETION OF CHANNEL CONSTRUCTION, ALL REMAINING DOUBLE WING DEFLECTOR D© DISTURBED AREAS, INCLUDING STAGING AREAS AND HAUL ROADS. SHALL BE 6%Tt% SEEDED AND MULCHED BEFORE DEMOBILIZING. TEMPORARYAND PERMANENT SEEDING MIXTURES SHALL ALSO BE APPLIED IN ALL ADDITONAL DISTURBED AREAS AND AREAS SUSCEPTIBLE TO EROSION (I.E. DISTURBED –NOTE: ALL ITEMS ABOVE MAY NOT BE USED ON THIS PROJECT DITCH BANKS, STEEP SLOPES, SPOIL AREAS, ETC.). 17.THE CONTRACTOR SHALL REMOVE TEMPORARY STREAM CROSSINGS AND THE TEMPORARY PUMP-AROUND OPERATION AND ENSURE THAT ALL WASTE MATERIAL IS REMOVED FROM THE PROJECT SITE BEFORE DEMOBILIZING. REVISIONS PREPARED FOR: PREPARED IN TRE OFFICE OF: PROJECT ENGINEER NO. DESCRIPTION ENGR. IAPPROV DATE 1 75°%DESIGN PL-ANS WSH KLT corbluN LINE 24 EXPOSURE ECOSYSTEM PLANNING & PROGRESS f) WIN ECOLOGGYGO oOR 3 zss,acu c. as . w000soc°.wwi°e ir„�ven�.ws°o°na'ra° WAKE CO, INCNC 2019 RESTORATION 1150 SE MAYNARD ROAD. SUITE 140 CARY, NC 27511 LICENSE # P 1 1 A2 REVIEW PURPOSES ONLY DO NOT USE FOR CONSTRUCTION TYPICAL SECTIONS "BC" AND "B" TYPE CHANNELS ARIES BANY£LLLWI�TR IWeIvr VAflIES y1 P� SIµ Ei TYPICAL RIFFLE CROSS SECTION TYPICAL POOL CROSS SECTION B STREAM TYPE TYPICAL CROSS SECTION DIMENSIONS RIFFLES POOLS Ba"kT411A— -a Iddl Wldth I Pool Area Pool WidN Stream 5-1— ABKF WBKF Wi W2 Dl D2 51 52 APool WPool W3 W4 D3 D4 53 S4 10+00-1Or50 23 1 6.D 1 2.00 1 1.00 1 0.20 1 0.50 1 7.6 1 8.0 1 IDD 1 3.00 1 0.10 1 1.50 1 10:1 2:1 Cor blu (m LINE 24 EXPOSURE 3BLnQC WYORODPNE laKWA. WAKE CO, NC 2019 ECOSYSTEM PLANNING & RESTORATION 1 150 SE MAYNARD ROAD, SUITE 140 CARY. NC 2751 1 LICENSE # P-1182 P7=777H SI ILET NO. 24 2 TYPICAL SECTIONS PROGRESS DRAWING FOR REVIEW PURPOSES ONLY DO NOT USE FOR CONSTRUCTION CONSTRUCTED RIFFLE SPECIFICATIONS RIFFLEBEDMATERIAL BLE R -F CLASS a. CLASS R� o ONSTEALLUVIUM(EVEN MIBTHICKNESS 161NCHES MIN. COIR FIBER. MATTNG BEE DETAIL ADESTREAMBED AND BANKS TO PROPOSED DIMENSIONS PEP P,CAL CROSS 'lON AND PROFILE. EXCAVATE2. TRENCH BELOW PROPOSED STREAMSED ELEVATION EOUALTOORG EATERTHANRIFFLETHICKNESS. FIRER MATTING ALONG STR--NKS ENSURING MATTINGCS SUFFICIENCY TRENCHED ALONGTOE OF RANK. 9, FILL TRENr_H WITH RIFFLE SED MATERIAL TO FINAL DESIGN STREAM GRADE I STEP -POOL SPECIFICATIONS I CONSTRUCTED RIFFLE O BDTTTTMM OI PLAN VIEW p -ELEVATION POINT (SEE STRUCRIRE TAR— N HEAD OF RIFFLE F OW 1 ollIF RIFFLPTIICKNESS 2 RIFFLE BED MATERIAL POOL PROFILE A -A' BonoM COIR FBERGMATTINCR fERwL —NG (SEE DETAIU oPll BANK TOE OF BANK COIR FIBER MATTING SHOULD BE PIFFLE THICKNESS FFTRENCHEDTHRCUGHRIFFLEHEDMATE— RILE BED MATERIAL SECTION 6-B' STEP -POOL O STEP INVERT ELEVATION POI LTO POOL R ROCK SPACINGVA OL FLAW DOTER ROCK FOR N OT E REOUIREME H - STEP HEIGHT q GEOTEKTILE FABRIC STONE BACKFILL PROFILE VIEW A -A' s u i 0 o EKISTING GROUND U U LARGE STONE 1111 F ATTNG O =POOL DEPTH .E.A.— POOL CROSS SECTION 13-9' COCblu®M LINE 24 EXPOSURE z ecaocY c+ko" . IIB KWAY WAKE CO, NC 2019 (BEGINS BEH 124 2A DETAILS ra ECOSYSTEM PLANNING & RESTORATION 1 150 SE MAYNARD ROAD. SUITE 140 CARY, NC 2751 1 DCENSE # P-1 182 PROGRESS DRAWING FOR REVIEW PURPOSES ONLY DO NOTUSEFORCONSTRUCTION n. c. E%TLE FABRIC A MINIMUM OF 36" IN WIDTH AND FASTEN aoE V— 5-ly TO EETHE STEEL POSTS. 6TEAREA IS OFTHE SELFfASTENER ANGLE STEELTYPE. 3. REMOVE ONCE AREA IS STABLE, TEMPORARY SILT FENCE GEDTE%l1LE FABRIC COMPACTED FILL - I� II�III L- A.. STEEL POST 2DEF"'," DEP EXTENSION OF OTEXTILE FABRIC INT O TRENCH LMMATIINGSHALL BE \ ` BAKFILLED. AND CO STREAM BEO CTREAMB BELOW SE. STREA BED MATERIAL TYPICAL CROSS SECTION PREPARED FOR: .TE corblu ®� ,. N.�-�. UDN zz�OtOGT GRON'NE I� _r COIR FIBER MATTING LO FODPLAIN/ GROUND EXISTING TOPOFSTREAMBANK .IN IS ON TOE OF GTRUMBANK M e" SURI PACTED DMPTTINGPLACEMENT ILa.I—n r FORMATTINGLOCATIONS TYPICAL MATTING PLAN VIEW Ar ECOSYSTEM LINE 24 EXPOSURE PLANNING& WAKE CO. NC 2019 RESTORATION R 1 150 SE MAYNAD ROAD. SUITE 140 CARY, NC 27511 LICENSE # P 1182 L24._Jt_ 213 DETAILS ANCHOR OPTIONS LARGE/WCHORS uoMluaU WOODEN STAKE •L^ r F SMAl1ANCHORB WOODEN STAKE J PROGRESS DRAWING FOR REVIEW PURPOSES ONLY DONOTUSEFORCONSTRUCTION TEMPORARY PUMP -AROUND OPERATION INSTALL T A CTIZR V I U IN TgT> TMF PIIPBAROEUND PUMPEND FTHE AND TDHE TEMPORARY ,FLEXIBLE IRfDSE THAT TH ow FROM uvsrREAM oFTHE woRK sere ro rre sPEcwLSTIwNG BASIN STREAMIMPEHVIOUSDIKENDBEGINPUMPINGOPERARONSFORSTR DIVERSION. A. INSTALL TME DOWNSTREAM IMPERVIOUS DIKE AND PUMPING APPARATUS IE NEEDEDTD DEWATER THC -YUMP NO HOSE FOR THIS PURPOSE SHALLBE OF SUFFICIENT SIZE TO DEWATEH THE WORK AREA THLSWATER WILLFLl]W INTOASPECI. WONIIN BASIN. THE CONTRACTOR W ILL PERFORM 6TREAM RESTORATION WORK IN ACGOROANCE W RH THE PLAN ND 6 FOLLOWING THE GENERAL CONSTRUCTION SEQUENCE 6. THE CONTRACTOR WILL EKCAVATE ANY ACCUMULA-D SILT AND .—I BEFORE REMOVAL OP THE PERMS SDI-DOWNSREMOVE MO SIMPERVIOUS DIKES. PUMPS. AND TEMPORARY FLEXIBLE HOSE STARTING WITH THE CONTRACTOR WILL COMPLETE ALL GRADING AND —I—DN IN ONE DAY—N THE PUMP aapUND AREA BETWEEN rHE IMPERVIOUS DIKES, THE WORKING AREA IS COMPLETED, REMOVE THE BPECIAL STILLING BASIN AND STABILIZED OITTL.Ef AND STABILIZE DISNRDED AREAS WITH SEED AND MULC LI. corblu OROU B22ECOiOGV PINE 7- BFECIALS IT—BASIN STALER GECIAL STLIGBASIN AN OIFNNO Exlsnrvc caouNo BILrcR FaeRlc FILTER FABRIC IS -2o Fr LINE 24 EXPOSURE ��OMIN PTP WAKE CO, NC 2019 riECOSYSTEM PLANNING & RESTORATION 1 150 SE MAY ARD ROAD, SUITE 140 CARP. NC 2751 1 LICENSE # P-1 182 za� zc DETAILS PROGRESS DRAWIN FOR REVIEW PURPOSES ONLY DO NOT USE FOR CONSTRUCTION TEMPORARY STREAM CROSSING -WOOD MAT WOOD MAT .-STONE /\/\ FILTER FABRIC CROSS SECTION PLAN VIEW UCT STREAM CROSSING WHEN FLOW IS LOW. ZHAVE -NECESSARY MATERIALS AND EOUIFIA-0 6ITE BEFORE WORK BEGINS. D, M IMIZECLEARINGANDIDIE"ATIONOFSTREAMBANKS. DONO-CAVATECHANNELBOTTOM. LINE S FEAMBANK AND ACCESS RAMP ARFA W ITH FILTER FABRIC. TALL STREAM CROSSING AT FIGHTANGLE TO THE FLOW. S. TRANSPLANT SOD FROM ORIGINAL STREAMEANK ONTO SIOE SLOPES FOR LATER USE, 50 THAT RUNOFF IN THE CONSTRUCTION ROAD DOES NOT ENTER --CHANNEL Yr STAW NG SSLT FENCE ON ALL FOUR CORNERS ADIACENTTO THE STREAM. SEE SILT FENCE OETAIL B. STA BIU=AN ACCESS RAMP OF CLASS B STONETOTHE EDGE OF TME WOOD - 9. THE WOOD MATSHALL BE OF SUFFlCIENT SQE ANO WIOTHTO SUPPORTTHE LARGEST VEHICLE CROSSING THE CHANNEL 10. CONTRACTOR SHALL DETERMINEAN APPROPRIATE RAMPANGLEACCORDINGTO EQUIPMENT UTILIZED, RECOMMENDED PTA 5: 1 SLOPE. COfblu (9) "°" `"°"" LINE 24 EXPOSURE ECOLOGY GROUP oRBw Eca.DGYGROLF c PSUNE WAKE CO, NC 2019 3: � I WAR wAY. rip ECOSYSTEM PLANNING & RESTORATION 1 150 SE MAYNARD ROAD, SUITE 140 CARY, NC 2751 1 LICENSE # P-1 182 PROJECT# SIIGLTND. 124 2D DETAILS PROGRESS DRAWING FOR REVIEW PURPOSES ONLY DO NOT USE FOR CONSTRUCTION APPENDIX B CPC SOIL EROSION AND SEDIMENT 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 ofthe 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 ofwater onto the disturbed right-of-way, and filtering or settling out sediment from water flowing from the right-of-way. The primary objective of the soil erosion and sediment control plan is to reduce the area and duration of soil disturbance and reestablish permanent vegetation as soon after construction as possible, thereby minimizing long-term erosion and sedimentation. Some erosion is inevitable during construction; however, the plan includes measures to reduce erosion to the minimum practical. Colonial Pipeline Company plans to reduce soil erosion and provide sediment control during the repair of the pipeline at the project site by incorporating the following measures: • Water pumped from the construction area as part of the dewatering operation from the excavation will be filtered through silt filtration bags and discharged to a well -vegetated area. • All work will be confined within the existing right-of-way. Staked hay bales and silt fence will be installed around the worksite and maintained until vegetation is established. Proper controls will be added if necessary during construction. • All terms and conditions within Nationwide Permit 3 will be followed. • Erosion control measures will be installed prior to conducting any soil disturbing activities associated withthe pipeline maintenance activity. • Clearing of vegetation will be kept to an absolute minimum and confined to the existing pipeline easement area. The easement area is 50 feet in width and devoid of large trees. The right of way is vegetated with undergrowth grasses and other short vegetation. • Vegetation will be reestablished within disturbed areas and along stream banks as soon as possible upon completion of work. Disturbed areas will be seeded with a wetland seed mixture • All erosion and sediment control measures will be inspected every two weeks at a minimum and after every significant rainfall event of 0.5 inch or more until disturbed areas have been stabilized. Identified damages to control measures must be repaired immediately. Refuse and Waste Disposal Colonial's representative will not allow the Contractor to discard any litter, including paper, bottles, cans, rags, sacks, welding rod stubs, fuel, crankcase draining, coating materials, equipment, and junk pipe in the ditch or along the right-of-way. All refuse must be collected and disposed in accordance with company specifications. Personnel will be instructed regarding the correct procedure for waste disposal. Maintenance/Inspection Procedures The following inspection and maintenance practices will be implemented to maintain erosion andsediment controls: i. All control measures will be inspected every two weeks at a minimum and following any storm event of 0.5 inch or greater. 2. All control measures will be maintained in good working order. If a repair is necessary, it will be initiated within 24 hours of the report. 3. Built-up sediment will be removed from silt fences when it has reached one-third the height ofthe fence. 4. Silt fences will be inspected for depth of sediment, tears, secure attachment of the fabric to the fence posts, and firm placement of the fence posts in the ground. 5. Temporary and permanent seeding and planting will be inspected for bare spots, washouts, and healthy growth. 6. Colonial Pipeline Company will select individuals to be responsible for inspections, maintenance and repair activities, and completion of the inspection and maintenance report. Personnel selected for inspection and maintenance responsibilities will receive training from Colonial Pipeline Company or its representative. Personnel must be trained in all practices necessary for maintaining the erosion and sediment controls used on-site. 2 APPENDIX C 401 & BUFFER PERMITTING PCN SUBMITTAL CHECKLIST Version 1.4 January 9, 2009 401 & Buffer Permitting PCN Submittal Checklist ® The application fee (Checks may be made out to "N.C. Division of Water Resources" - $240.00 for 401 Water Quality Certification with minor impacts - $570.00 for 401 Water Quality Certification with major impacts - Express Review Fee (Amount requested on Acceptance Letter) ® Four (4) complete and collated copies of the PCN Application and supporting documentation (instead of providing 4 copies of the full size plans you may provide two copies of full size plans along with two copies of 11 X 17 plans) N/A Stormwater Management Plan (if applicable — see PCN Form Help File Section E) 1) Please provide three (3) copies of the stormwater management plans along with all supporting information pertaining to this project including the following: a. Entire site development/layout plans *delineating all drainage areas; b. Design calculation sheets for all proposed BMP(s) sized for both on-site and off-site drainage; c. BMP supplements for each proposed BMP and Required Items Check List (http://portal.ncdenr.org/web/Ir/bmp-manual) along with all required items; d. A Notarized Operation & Maintenance Agreement for each stormwater management facility; e. Detailed construction drawing sheets shall include (i) Erosion and sediment control plans; (ii) Installation and planting schedules for the proposed BMPs; (iii) Appropriately scaled plan views and cross sectional details of all BMPs and associated components — inlet and outlet structures, forebay, respective zones and pertinent elevations. N/A If your project is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form: 1) Three (3) copies of the details for on-site diffuse flow provisions, (refer to http://Portal.ncdenr.org/web/Ir/bmp-manual). N/A DWR Stream Determination Forms for streams on property and DWR determination letter for wetlands or streams (if applicable). The following is the most critical of all the information that you must provide. The quality and detail of the information will often determine the expeditiousness of the review. The following is a checklist of the types of pertinent information required at a minimum: Maps and Plans: ® The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or delineate the site boundaries on the topographic map. ® The most recent version of the bound and published County NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar -Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) - Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Copies of the Version 1.4 January 9, 2009 current soil survey and/or soil survey map sheets can be obtained from the local NRCS County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable. ® Vicinity map - Please clearly mark the location and approximate boundaries of the property and project on the map. Please indicate north arrow and scale. Please include applicable road names or State Road numbers. ® The Site Plan - The most critical map to be provided is the site plan. You must provide full sized plans. The following is the minimum list of plans that are typically needed. ® Pre-construction/Pre-existing conditions - This sheet (or sheets) must include: • All jurisdictional and non -jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Topographic contours with elevations • Any existing structures and impervious areas • Existing utility lines and easements • Existing roads, culverts, and other pertinent features • North arrow and the scale (1":50' scale is recommended). ® Proposed conditions - This sheet (or sheets) must include: • All jurisdictional and non -jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Lot layout (if a subdivision or commercial development is proposed) - lots must be developable without further impacts to jurisdictional and non -jurisdictional wetlands streams, water features, and State regulated buffers. Building envelopes must be provided when streams, wetlands, riparian buffers, or water features exist on a lot • All built -out structures and impervious cover • Final grading contours with elevations • All utilities and easements (including septic fields on all lots within 100 feet of stream, wetland, or water features - if applicable) • Impacted areas — these should correspond with the Impact numbers listed on your PCN form. N/A Drainage Plans - Final drainage plans must include the following: • Locations and pertinent elevations and sizes of the stormwater collection system and drainage ways • All inlets and outlets must also be shown with pertinent elevations (All outlets to wetlands must be at a non-erosive velocity, generally less than 2 ft/sec during the peak flow from the 10 -yr storm) • Scaled stormwater BMPs must also be indicated as required by DWR rules and policies • In certain cases (see Section E of PCN form), final stormwater management plans must also be provided (see Stormwater Management Plan Checklist) ® Proposed Impacts - All impacts to jurisdictional and non -jurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans at a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and non -jurisdictional wetland, stream, water features, and State regulated buffers must be indicated. Please provide cross sectional details showing the provisions for aquatic life passage (burial of culvert 20% for culverts <_ 48 inches, and 1 -foot for culverts > 48 inches). Version 1.4 January 9, 2009 Wetland Impacts: N/A Precise grading and final elevation contours must be provided. Existing vegetation and any clearing must be specified. N/A All subsurface utility lines must indicate the location of anti -seep collars. Construction detail for anti -seep collars must be provided. N/A Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. N/A Plans should show that the hydrology of remaining wetlands on the site will be maintained. Stream Impacts: ® Stream impacts must be clearly shown on the plans. The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted. N/A The inlet and the outlet of all culverts should be aligned with the stream as much as possible. Inlet and outlet elevations and streambed elevations should be indicated. Any inlet or outlet protection must be shown and enumerated on the impact map(s). N/A For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank. Additionally, please provide a signed and sealed geotechnical report of subsurface soils at the proposed bottomless culvert location. The report must comply with the Division of Highways — Guidelines for Drainage Studies and Hydraulic Desiqn, prepared by A.L. Hankins, Jr., State Hydraulics Engineer - 1999. N/A Multiple culverts or sectioned box culverts typically require the use of sills, off- setting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage). A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood -prone area. N/A Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization. The length of stream impounded must also be indicated and enumerated. APPENDIX D USACE WILMINGTON DISTRICT PCN FORM Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form —Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit El Section 10 Permit ®N/A 1 b. Specify Nationwide Permit (NWP) number: 3 (a) & (c) 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 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. 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 Line 24 Exposure Big Branch Wake Co. NC 2019 2b. County: Wake 2c. Nearest municipality / town: Apex 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Name on Easement Agreement: C.W. Upchurch and wife, Mamie Bell Upchurch; Myrtle Hayes Cotten and husband, Elbert Cotten; Donald Lyons and wife, Mary Frances Lyons. Please see PCN Form Attachment A — Easement Agreement. 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: N/A 3e. City, state, zip: Apex, North Carolina 27502 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 12 PCN Form —Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: 4b. Name: John Wyatt 4c. Business name (if applicable): Colonial Pipeline Company (CPC) 4d. Street address: 5251 Hwy. 153 Suite C #365 4e. City, state, zip: Hixson, TN 37343 4f. Telephone no.: 770-819-3557 4g. Fax no.: 770-819-3567 4h. Email address: Jmwyatt@colpipe.com 5. Agent/Consultant Information (if applicable) 5a. Name: Michael Barfield 5b. Business name (if applicable): Corblu Ecology Group LLC. 5c. Street address: 3225 South Cherokee Lane, Bldg 800 5d. City, state, zip: Woodstock, Georgia 30188 5e. Telephone no.: 770-591-9990 5f. Fax no.: 770-591-9993 5g. Email address: Mbarfield@corblu.com Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0741160675; 0741162962; 074107905 (Parcel No.) 1b. Site coordinates (in decimal degrees): Latitude: 35.719330 Longitude: -78.861470 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 0.33 -acre approximate project area 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Big Branch proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: map is available at Cape Fear River Basin hftp://h2o.enr.state.nc.us/admin/maps/ Page 3 of 12 PCN Form —Version 1.3 December 10, 2008 Version 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: The work is to be conducted within CPC's existing mowed and maintained right-of-way (ROW). The stream has experienced significant erosion (head cutting) from past erosional events (i.e., heavy rainfall) which is the cause of the pipeline exposure. 3b. List the total estimated acreage of all existing wetlands on the property: No wetlands were observed within the project boundary (Figure 2) 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 50 linear feet of Big Branch a named intermittent stream 3d. Explain the purpose of the proposed project: Recent high flow events from significant precipitation have resulted in head cut migration in Big Branch within CPC's ROW, exposing CPC's Line 24. The exposure and lack of surface pipeline protection at the maintenance location has resulted in conditions that leave the pipeline vulnerable to potential damages. Further, these conditions are not consistent with CPC's or regulatory requirements for pipeline protection. CPC proposes to inspect the exposed line and replace the required protective cover over Line 24 using natural stream design techniques. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed maintenance location will be accessed through CPC's existing, mowed, and maintained ROW from Wragby Lane to conduct the maintenance activity (Figure 3). CPC intends to inspect the exposed pipeline (Line 24) and replace the required protective cover over Line 24 as described above. To re-establish the required protective cover CPC intends to conduct the following: 1) excavate the exposure on Line 24; 2) inspect and make repairs to Line 24 as necessary; 3) backfill the excavation area; 4) construct a natural riffle through the reach of Big Branch within CPC's ROW which will re- establish the pre -erosion contours and elevations of the streambed providing the required protective cover over the pipeline while maintaining existing flow conditions; 5) construct a boulder step at the downstream end of Big Branch ; and 6) stabilize the outside bends of the tributary with coir matting. As stated above, to minimize sedimentation to the streams during the above-mentioned maintenance activity, impervious dikes will be temporarily placed upstream and downstream of the maintenance area to conduct maintenance activities "in - the -dry". The stream flow will be pumped around the maintenance area, discharging immediately downstream via an energy dissipater into a stabilized in channel outlet to prevent stream scour. The pump used will be sufficiently sized to accommodate the anticipated stream flow (Appendix A). Further, a de -watering pump and special stilling basin will be used within the closed off work area to pump any groundwater recharge. All temporarily excavated soils will be stored within the adjacent upland area and returned to the excavated trench. Following the completion of the initial line inspection the intermittent tributary will be restored to approximate pre -erosion contours based on the NSD plans. It is our understanding that once the NSD has been constructed the temporary dikes will be removed and normal stream flow will be restored. Rip rap used within the stream bed will be set to grade not to impede stream flow. Further, rip rap placed above the ordinary high-water mark will be underlain with an erosion control blanket (geotextile fabric). CPC's standard erosion control practices will be employed (Appendix B). Specifically, the disturbed areas along the stream banks will be revegetated with a grass seed mix and stabilized with straw. No monofilament erosion control matting is proposed. Page 4of12 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? Comments: El Yes El No ®Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 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. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 5 of 12 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 ❑ Yes ❑ Corps W1 ❑ P ❑ T ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ ❑ Yes ❑ Corps W3 ❑ P ❑ T ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 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 NSD Riffle and Boulder Step Big Branch � PER ® INT ® Corps ❑ DWQ 4 feet 29.5 Workspace S1 ❑ PH T (impervious dike) and excavation BiBranch g El PER ® INT ® Corps E:1 DWQ 4 feet 20 area S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ 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 49.5 If 3i. Comments: Page 6 of 12 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 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 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 any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico ®Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑P❑T El Yes ❑ No B2 ❑ PEI T ❑Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts N/A N/A 6i. Comments: No riparian buffer protection rules, the pipeline maintenance is located in the Cape Fear River Basin. Page 7 of 12 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Recent high flow events from significant precipitation have resulted in a head cut migration which has exposed Line 24 in Big Branch (intermittent stream) within CPC'S ROW. The exposure and lack of surface pipeline protection at the maintenance location has resulted in conditions that leave the pipeline vulnerable to potential damages. Further, these conditions are not consistent with CPC's or regulatory requirements for pipeline protection. Therefore, CPC is required to conduct the work for the safety of the pipeline (unavoidable work). Although, CPC proposes to replace the required protective cover over Line 24 using a natural stream design (as a opposed to hard armoring), which will provide the required pipeline cover, while improving downstream water quality through stream stabilization. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. CPC will only conduct work within their mowed and maintained ROW, thereby minimizing impacts to the greatest extent possible. 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: 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: 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. Page 8of12 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? If yes, you will have to fill out this entire form — please contact the State for more information. 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). 6h. Comments: No riparian buffer protection rules, project is located in the Yadkin Pee Dee river basin. Page 9 of 12 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. ❑ Yes ®No Comments: 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 maintenance activity for an existing petroleum pipeline and does not involved the construction of any roads or structures. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Mecklenburg County ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW ❑ Session Law 2006-246 (check all that apply): ® Other: N/A- Pipeline Maintenance 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 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 10 of 12 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 ❑ Yes ® No use of 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 by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ED Yes El No letter.) Comments: 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): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 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. 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. N/A — This pipeline maintenance project will not involve the generation of any wastewater necessitating a treatment method. Page 11 of 12 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 ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Potential species occurrences for Wake County, North Carolina were reviewed from the USFWS ECOS website (httl)s://ecos.fws.gov/ecr) prior to visiting the site. Also an official IPaC species list was requested for the project area from the Asheville Field Office on 5/23/2019. Please see PCN Form Attachment B - IPaC Report. 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? https://www.fisheries.noaa.aov/resource/map/essential-fish-habitat-mapper 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Site data collected from http://www.hpo.ncdcr.gov/gis/CountyDisclaimers.html#DataDownload. Please see PCN Form Attachment C - NRHP Map. 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: 8c. What source(s) did you use to make the floodplain determination? https://hazards.fema.gov/gis/nfhl/rest/services 4e--7/10/19 Michael Barfield Applicant/Agent's Signature Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant Date is provided.) Page 12 of 12 m John M. Wyatt Southeast District Environmental Program Manager February 8, 2019 US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 DWQ Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Subject: Authorization Letter To Whom It May Concern: Colonial Pipeline Company Tel: (404) 713-9270 Colonial Pipeline Company (CPC) gives authorization to Corblu Ecology Group 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,1&� , I , !/�/ John M. Wyatt Southeast District Environmental Program Manager Colonial Pipeline Company 5251 Hwy 153 Suite C #365 Hixson, TN 37343 PCN FORM ATTACHMENT A — Easement Agreement arnN155� PAGE616 i g0(�:2 95 LL# W-28.1 RIGHT OF WAY EASEMENT OPTION Map #23 I FOR AND INCONSIDERATION OF Ten and no/100 ........... (510.00) DOLLARS, the receipt of which is hereby acknowledged, and the further consideration of $1.00 per rod to be paid within the period hereinafter provided, Donald Lyons and wife, Mary Frances Lyons hereinafter referred to as Grantors (whether one or, more), do hereby grant and convey unto COLONIAL PIPELINE COMPANY, :hereinafter corporation, Its successors and assigns, hereinafter referred to as Grantee, an easement for a pipe line right of way with the right to construct, maintain. Inspect, operate, protect, replace, repair, change the size of, and remove a pipe Line for the transportation of liquids and/or gases, upon and along a route to be selected by Grantee, said right of way being 50 •eet In width aifd><dfi 2G A If1WMIfiZeX on, over, and through the following described lands, of which Grantors warrant tney are the owners in fee simple, situated In Wake County, ante of North Carolina to—wit: Reiner L.ot „F Tax Lot 10-19, containing 10.0 acres more or less, out of the I. C Naves Estate, bounded on the West by W 1ker Upchurch Property and on the South by A. I. Seymour property and on the North by Myrtle Hayes Cotton property, together with the right of unimpaired access to said pipe line and the right of ingress and egress on, over, and through Grantors' above-described land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted hereunder, with the further right to maintain said right of way herein granted clear of trees, undergrowth, and brush. Grantors covenant and agree that they will not impound water or construct buildings or structures of any type whatsoever on the above described right or way strip. This shall be a covenant running with the land and shall be binding on Grantors, their heirs and assigns. In addition to the above consideration, Grantee agrees to repair or to pay for any actual damage which may be done to growing crops, timber, fences, buildings. or other structures directly caused by Grantee exercising any rights herein granted; provlded. however, after the first pipe line has been installed, Grantee shall not be liable for damages caused on the right of wey by keeping said right of way clear of trees, undergrowth, brush, structures, and obstructions in the exercise of its rights granted herein. Any pipe line constructed by Grantee across any portion of the above-described land which 1s under cultivation shall, at the time of the constuctfon thereof, be burled to such depth as will not interfere with Grantors' use of said land for normal cultivation required for the planting and tending of crops; except that Grantee, at Its option, may construct its pipe line above the channel of any natural or man-made stream, ravine, ditch, or other watercourses As a part of the consideration hereinabove set forth, Grantors hereby grant unto said Grantee, Its successors and assigns, the right at any time to construct, operate, and maintain an additional pipe line or pipe lines substantially parallel to the first pipe line constructed by Grandee on Grantors' land, above described and Grantee agrees to pay Grantors the sum of S 1.00 per rod for each additional pipe line constructed, said payment to be made before construction commences. Said additional pipe line or pipe lines shall be subject to the same rights, privileges, and covenants as set forth in this Right of Way Easement. This Option shall extend for a period of 12 months from the date hereof, during which time Grantee may enter upon the premises for making surveys and performing work incidental thereto to locate the route of the Initial pipe line to be con- structed. Grantee may exercise this Option at any time during such period by paying to Grantors the aforesaid further consider- ation of S 1 - On W)d , and upon making such payment this option shall become an Indefeasible right of way easement to be held by Grantee. its successors and assigns. If Grantee falls to pay said further consideration within said 12 month period, this Option shall cease and terminate. 1414 saWed p)pr W i, ,.. ..' s '. F�'. , >`J Cq ...-•». A.'.1 s��id�trE .,,� .: .. ,fes aarmehttn rue a ot�sw , Ak;Iii 4t _ `line 6eY0nt sl9'rtiade shall b`, d;e ._ in considered as payment to each ol said Grantots. The rights herein granted are divisible and assignable in whole or in part. � The terms. covenants. and provisions of this right of way easement shall extend to and be binding upon the heirs, ex- ecutors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said rights and right of way, easements, estates. and privileges unto the said Grantee, its successors and assignees, so long as said right of way and easements are used for the purposes granted herein. IN WITNESS WHEREOF, the Grantors herein have hereunto set their hands and seal thl ay of_m 19-0 SS'sealed, and he p nee 1 '� _ (Seal) Do d L is / YClo! OG�SeaU Mary Frances Lyons (Seal) Grantors BOOK1558 PAGE617 INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA 1 COUNTY OF 1 SS 1 .. .. do hereby certify that ci • H personally appeared before me this day and acknowledged the due execution of the foregoing insawneeiirt Witness my hand and official seal this, the day of P i+ F+ ul My term of office expires on the day of N N�ary Public r -i U m 1� r -I r -I ca C m to P. 4 -*1 1~ ,-4 m U O INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA l U COUNTY OF 1}SS „ r1 rf do hereby certify personally appeared before me this day and acknowledged the due execution of the foregoing itutruthent Witness my hand and official seal this. the day of 19_. My term of office expires on the —day of Notary Public V__ 19—. C PROOF BY SUBSCRIBING WITNESS STATE OF NORTH CAROLINA 1 COUNTY OF Wake J}SS 1 Annie O'Neal Woodard Wake North Carolina „ of Couaty, state of certify that_ Edaar B Henderson Sr. personally apgeazed before me this day, and being dilly swam, elated that in Na presence Donald Lyons and i_rances .Lyons, husband and wife signed the foregoing instrument Witness my hand and official seal, this,20th ,t,y of March 19 6 3. My tem of office expires an the day of � D�tr.,'a Notary Public ALL STATE OF NORTH CAROLINA—WAKE COUNTY The foregoing certificate of __�=^L___ T e ►�q} jjp{h �libA is adjudged to be correct. Let the instrTnent with the certificates WITNESS my hand this the______ daq of___________ ___ Clerk Supe ' r Cou A'lo �3 Filed for registration at1[ _C o'cicek______1 ____ day of _____ ____________- 19____, and registered in the office of the Register of Deeds for ----- - — ----------------- County, e0i in Book_15, Page--- _ 0116__, __il t_1-5492 , 1 ------------------------------- Register of Deeds 1-1 SECOND ADDITIONAL LINE RECEIPT THIRD PIPELINE 0. 806 Tract 283 Auth. 2333 RECEIVED from COLONIAL PIPELINE COMPANY Eighty dollars and 00/100 -------------------- ($ 80.00 ) Dollars being full payment of the agreed right of way consideration for an additionalt p'peline to be laid under authority of a Right of Way Easement from C. W. Upchurch and wife, Mamie Bell Upchurch to COLONIAL PIPELINE COMPANY dated March 4 19 63 1558 , and recorded in Book f at Page 628 , of the Records of Wake County,/Parish, State of which reference is hereby made. North Carolina , to Payee(s) warrant(s) (he/she is), (they are) the owner(s) in fee simple of all or a portion of the property described in the above referenced Right of Way Easement and is/are /entitled to the payment hereby acknowledged. Dated this.�day of % 1X WITNESS: Demp y Jones A A NIAL PIPELINE CO. BY --„_, t�- Mamie B. Upchu ch Payee Payee Payee �OLJ- "-)g3 3478-1 (Rev. 5/76) v 80(a :2815' Loc. 806 No. 2-5 Arjj 7, 1966 Received of COLONIAL PIPELINE COMPANY Sixty -Five and N0/100 Dollars - - - _ _ _ - - _ _ ($65-00 - -)-Dollars in full payment on the agreed right of way consideration for an additional pipe to be laid under authority of a right of way grant from Donald Lyons and Mary Frances Lyons, his wife, Grantors, - - - - - - - - - - -- _- _--- - - - - -- to Colonial 1558/616 Pipeline Company dated March 19. 19§, and of record in Wake County, North Carolina, to which reference is hereby made. ek-'e -, �;' , 0 Loc. 1,C6 No. 0 s �%11�4/✓ i �� 19 Received of COLONIAL PIPELINE COMPANY ($/G ) Dollars in full payment on the agreed right of way consideration for an additional pipe to be laid under authority of a right of way grant from 41, to Colonial Pipeline Company dated 4, /. / , 19 -Lf, and of record in WlAe(EL County, North Carolina, to which reference is hereby made. W IT NESS : 3461 Ram SECOND ADDITIONAL LINE RECEIPT THIRD PIPELIME Rn6 Tract 794 Auth. 2113 RECEIVED from COLONIAL PIPELINE COMPANY Five dollars and nn/100----------------- (S s nn ) Dollars being full payment of the agreed right of way consideration for an additional pipeline to be laid under authority of a Right of Way Easement from Myrtle Hayes Cotten and husband, Elbert Cotten to COLONIAL PIPELINE COMPANY dated March 13 , 19 63 , and recorded in Book 1559 , at Page 610 , of the Records of Wake CountyjParish, State of North Carolina , to which reference is hereby made. Payee(s) warrant(s) (he/she is), (they are) the owner(s) in fee simple of all or a portion of the property described in the above referenced Right of Way Easement and is/are entitled to the payment hereby acknowledged. Dated this/;L day of WITNES �.0. Myrtle H. Cotten Payee Payee Payee S�(J.;2q 3478-1 (Rev. 5/76) BcOK1558 PAGE6287e("-03 , 0 0 LLrt W-27 RIGHT OF WAY EASEMENT OPTION Map rr23 FOR AND IN CONSIDERATION OF Ten and no/100 ........... (•)10.00) M+LLARS, the receipt of which is hereby acknowledged, and the further consideration of .j1. 00 per rod mfmms, to be paid within the period hereinafter provided, t: W UIDCh'lrch c)nd Wi Fra -, Mami A RPI 1 TT,prhl, Ch hereinafter referred to as Grantors (whether one or. more), do hereby grant and convey unto COLONIAL PIPELINE COMPANY, a Delaware corporation, its successors and assigns, hereinafter referred to as Grantee, an easement for a pipe line right of way with the right to construct, maintain, inspect, operate, protect, replace, repair, change the size of, and remove a pipe line for the transportation of liquids and/or gases. upon and along a route to be selected by Grantee, said right of way being 50 feet in width dA&X9(_aaxrx xxxxxx-,r YL :p x [ Y�f2 Beate} l{ y1t Kr�f ect$z lYrd'. blell?]irielir. on, over, and through the following described lands, of which Grantors warrant they are the owners in fee simple, situated 1n '!"'e County, State of North Carolina to -wit: being 45.4 acres, more or less, the same being Lots ,-'x1,2,5 and o together with the right of unimpaired access to said pipe line and the right of ingress and egress on, over. and through Grantors' above-described land for any and all purposes necessary and Incident to the exercise by said Grantee of the rights granted hereunder, with the further right to maintain said right of way herein granted clear of trees, undergrowth, and brush. Grantors covenant and agree that they will not impound water or construct buildings or structures of any type whatsoever on the above described right of way strip. This shall be a covenant running with the land and shall be binding on Grantors, their heirs and assigns. In addition to the above consideration. Grantee agrees to repan or to pay for any actual damage which may be done to growing crops, timber, fences. buildings, or other structures directly caused by Grantee exercising any rights herein granted; provided, however. after the fifs.t pipe line has been installed. Grantee shall not be liable for damages caused on the right of way by keeping said right of way clear of trees, undergrowth, brush, structures, and obstructions in the exercise of its rights ' granted herein. Any pipe line constructed by Grantee across any portion of the above-described land which is under cultivation shall, at the time of the constuction thereof, be buried to such depth as will not interfere with Grantors' use of said land for normal cultivation required for the planting and tending of crops; except that Grantee, at Its option, may construct Its pipe line above the channel of any natural or man- made stream, ravine, ditch, or other watercourses As a part of the consideration hereinabove set forth. Grantors hereby grant unto said Grantee, its successors and assigns, the right at any time to construct, operate, and maintain an additional pipe line or pipe lines substantially parallel to the first pipe line constructed by Grantee on Grantors' land, above described and Grantee agrees to pay Grantors the sum of $ 1.00 per red for each additional pipe line constructed. said payment to be made before construction commences. Said additional pipe line or pipe lines shall be subject to the same rights, privileges, and covenants as set forth in this Right of Way Easement. This Option shall extend for a period of. 1 9 months from the date hereof, during which time Grantee may enter upon I he premises for making surveys and performing work incidental thereto to locate the route of the initial pipe line to be con- structed. Grantee may exercise this Option at any time during such period by paying to Grantors the aforesaid further consider- ation of $ 1 . 00 / ro . and upon making such payment this Option shall become an indefeasible right of way easement to be herd by Grantee. Its successors and assigns. If Grantee [ells to pay said further consideration within said 12 month period, this Option shall cease and terminate. It is agreed that any payment hereunder may be made direct to said Grantors, or any one of them. or by depositing such Payment to the credit of said Grantors, or any one of them, in theg�l t - .in' -Bank of and payment so made shall be deem^d and considered as payment to each of s d Gra tors. The Tights'hevein gianted'are divisible and assignable In whol r i1f �� �� � Zrra.k. i4. �• The terms. covenants, and provisions of this right of way easement shall extend to and be binding upon the he ecutors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said right} and right of way, easements, estates. and privileges unto the said Grantee. its successors and assignees, so long as said right of way and easements are used for the purposes granted herein. IN WITNESS WHEREOF, ths-(3rantors herein have hereunto set their hands and seals t{ s day Allwl 19 r� x �SSJTIAbdi--ftiled, an the n (Seal) xiYL � W. up urs Mamie Heli Up hurch (Seal) Grantors � aL �93/ STATE OF NORTH CAROLINA COUNTY OF. to BCOK1558-PAGF629 INDIVIDUAL ACKNOWLEDGMENT }SS do hereby certify personally appeared before me this day and acknowledged the due execution of the foregoing instrument Witness my hand and official seal this, the clay of 19_. My term of office expires on the day of Notary Public 19� INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF SS do hereby certify personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this, the day of 19_ My term of office expires on the day of .... Notary Public 19_. A ll— STATE OF NORTH CAROLINA COUNTY OF Wake PROOF BY SUBSCRIBING WITNESS }SS t Dnrnthy L. Wood , of Wake County, state of N. C. certify that Edgar B Henderson, Sr Personally appeared before me this day, and being duly sworn, stated that in his presence C • W. Upchurch and Mamie Bell Upchurch, husband and wig,_ .:a..+ the foregoing instrument. Witness my hand and official seal. th;h day of .29-0 My term of office expires on the 24th day of 1 - _.- �CC Notary Public STATE OF NORTH CAROLINA—WAIVE COUNTY The foregoing certificate of __�po6frrilf �iak�Si�t61�I�o�h C3;6ra� is adjudged to be correct. Let the instru ent with the certificos, be registered. /^ WITNESS my hand this the ---- day of____________ ____ 19h? • d 8 P+ ,,y� Clerk Super r Cotfit Filed for registration at f _� �__�'cTock ----- / ----- day of ---14 ---------- 19 m ----- and registered in the office of the Register of Deeds for ---------- ________----------- County, in Book ___ZS.Sr-pa�� 6.z JUL 151963 ----------------- 19. ;1 ------------------ --�. ----- ----- Register of Deeds r 0: Rn6 Tract 7R5 Auth. 13143 SECOND ADDITIONAL LINE RECEIPT n1RD PTPFLINE RECEIVED from COLONIAL PIPELINE COMPANY Sixty five dollars and nn/inn ------------- (S 65.0n ) Dollars being full payment of the agreed right of way consideration for an additional pipeline to be Lid under authority of a Right of Way Easement from Donald Lyons and wife, Mary Frances Lyons to COLONIAL PIPELINE COMPANY dated March 19 Page 61A , of the Records of which reference is hereby made. wake 1914 _,and recorded in Book 1559 , at County,/Parish, State of North Carolina P to Payee(s) warrant(s) (he/she is), (they are) the owner(s) in fee simple of all or a portion of the property described in the above referenced Right of Way Easement and is/are entitled to the payment hereby acknowledged. Dated this ___Lday of a '19-12-61 WITNESS: i De sey JC6 Donald LyonsV Payee Payee Payee �. ag!s**" 3478-1 (Rev. 5/76) - scA558 ,AGE610 LL# W28 RIGHT OF WAY EASEMENT OPTION Map #23 FOR AND IN CONSIDERATION OF Ten and no/100 ........ (310.00) DOLL,ARB, the receipt of which is hereby acknowledged, and tits fgftaafr Consideration of 81,00 l>er rod hi51ILVI11S. to be paid within the period hereinafter provided. Myrtle Hayes ;Cotten and husband Eltxert Cotten hereinafter referred to as Grantors (whether one or. More). do hereby grant and convey unto COLONIAL PIPELLYE COMPANY, a Delaware corporation, itssuccessors and assigns. hereinafter referred to as Grantee. an easement for a pipe line right of way with the right to construct, maintain, inspect, operate, protect, replace, repair, change the size of. and remove a pipe Line for the transportatloo of liquids andhx gases, upon and along a route to he selected by Grantee, said right of way being feet in width—a>l�nariti8ys=xYY`dX`;' ii6b RAhrtAit�ld'9#itidl1mustawird —� i her?urri-r. on. over. and through the tollowiag demcrihed lands, of watch Grantors warrant they we the owners In tee simple. stivat dir; iI,G coarity.mateof North Canliria to --wit; Being Lot 3, 'fax Lot #18, containing 10.25 Acres, more or less, out of the I. C. Hayes Estate, bounded now car formerly, on the West by Walker Upchurch property and on the South by 1?o a4ld lam • - t ,t. a a. together with the right of unLmpaned access to said pipe Use and the right of ingress ecoid sgrass on, over, and through Grantors' above-described rand for any and all purposes necessary and incident to the exercise by said Grantee or the rights granted L hereunder, with the further right to maintain said right of way herein granted cleat of trees, randergrowM and brush Grantors cuvenam and agree that they will not Impound water or construct buildings of structures of any type whstsorver on the above described right of way strip. This shall be a covenant running with the land sod shall be binding on Grantors. ' their Wra and asatane. In addition to the above consideration, Grantee agrees to repau of Lu Paas fur any actual dsrr+axe which may be done to growing craps, timber, fences, buildings, or other structures directly caused by Grantee exercising any rights herein granted' provided, however, after the fi:,t pipe line has been Installed. Grandee shall not be liable for damages caused on the right of way by keeping said right of way clear of trees, undergrowth, brush, structures. and obstructions in the exercise of its rights granted herein. Any pipe :ane Constructed by Grandee across any portion of the above-described land widen is under cultivation shall, at the time of the cortstuction thereof, be butted to such depth as will not interfere with Grantors' use of said land for normal cultivation requited for the planting and tending of ctopa; siteept that Grantee., st its option, may construct Its pipe line above the channel of any astuvO of man• made stream, ravine, ditch, a other watetooursec As a part of the consideration hetelaabove set forth. Grantors hereby grant unto said Grantee. its successors ant asslgns, the rUld ad any time to construct, operate. and maintain an additional pipe line or pipe lines substantially parallel to the first pipe line Constructed by Greater on Grsators' aped, ,have, described and Grantee agrees to pay Grantors the sum of S 1.00 per rCd for each additional pipe line constructed, said payment to be made before' construction commences. Said additional pipe line Cr pipe lines shall be Bub)ect to the some rights, privileges, and covenants as gat forth In this Right of Way Easement. n This Option shall extend far a period of - raorahs from the date hereof, during which time Grandee may enter upon the premises for malting surveys and performing work incidental thereto to locate the route or the initial pipe line to be con- structed.. Grantee may exercise this Option at any tine during such period by paying to Grantors the aforesaid further consider- ation of 5 1. [)0 r rM , and upon malting such payment this Option shall become an indefeasible right of way easement to be held by Grantee, its successors and assigns. It Grandee falls to pay said further consideration within said. 12 ,oath Period. this Option shall cease and terminate. it is agreed that any payment hereurnde may be made direct to said Grantors. or any one of them, or by depoaitnng anion yme hames a Planters Raleigh, N. C. payment to the credit of said Grantors. or any one of them, in the_ Bank cf.._ and paymern ser m&1e shall he dee-nsd 2^d considered as pa+ -Want tO each of swT! rrantar«. The rights hervun granted are divleibie and asaignable iL wl',)le or to Fart, l 'ret terms, CoJersantg, sad prutilstt n:s of infer niatt of vYay eafiemecri thall orison to and nae bii+dc! ' hafeq. e' r ecumrs, sdmtrdstrators, personal representatives, succe_sras. ar-d assigns of the parties heretc. TO HAVE AND TO HOLD said rights and richt of .ny. ease-,ents, estates, and privileges unto the said Grante ,- -- - successors and assignees, so long as said right of way and easements are used for the purposes granted herein. IV WITNESS WHEREOF, the araors he -tear, have hereunto set thele bands add seals this dtV of 19 3 sealed, MCI in p 1v (Scali Qjfrt W .Hs Ottpn __ i 5ea11 'Elbert Cotten (Seal) Grantors ercn155S* PAGE611 � INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA 1 J} COUNTY OF SS I do hereby certify that personally appeared before me this day and a:krowtedged the due execution of the foregoing assdruatent witness my hand and official seal this, the day of 19—. My term of office aspires nn the _.__._____day of -- STATE OF NORTH CAROLINA COUNTY OF INDIVIDUAL ACKNOWLEDGMENT i SS do hereby certify that Notary Public personally appeared before me this day and acknowledged the due execution of the foregoing instrument. witness my hand and official seat this, the ___day of. , 19—. My term of office expires on the day of 19_. PROOF BY SUBSCRIBING WITNESS STATE OF NORTH CAROLINA 1 Wake i ss COUNTY OF I Notary Public 1 Dorothy L. Wood _ , of Wak6 _ County. sate of North Carolina certify that. Edgar-.. Renderzon, Sr. personally swpeared before me this day, and balne duty sworn, atatH that in his Cresencr_ Myrtle Hales Cotten and RlhArt_CnttRna Wife and husband _ signed the foregoing inserurnent Witness my hatvi and official seal. this 13th day of—MAZ'C}1 190 My tern: of office exp -r . — th. 24th d,.r of 1 - Notary Publk .Ianua"- -- --- - . ls�. (1965 ) M TATP OF NORTH C AROLLXA-WAKE COUNTY The foregoing certificate of 140* is adjudged to be correct. Let the instriment with the certificat t be r _ stered. AS WITNESS my hand this the____I___ day of_____________ t - ------ ------ - ' t- = -1- ---- Clerk -_1lperior osrt 7 Filed for registratlan si.!_C_�_L___ o't�Iock._____�_____ day__ ____y 19ir3 ---' c and registered in the office of the Register of for _-__-_ County, /- GNU � � 1-519 3 ---.:� inBook_----____-. YAj e__________, .. - _ ____ ________________ � .�. � Z2, -- -- ----------------- Register of Deeds PCN FORM ATTACHMENT B — IPaC Report lF,NOAS -,x FtiT United States Department of the Interior'��" a1 FISH AND WILDLIFE SERVICE '"CH Raleigh Ecological Services Field Office RC" Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: May 23, 2019 Consultation Code: 04EN2000-2019-SLI-0931 Event Code: 04EN2000-2019-E-02135 Project Name: CPC Line 24 Exposure Big Branch Wake Co. NC Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 05/23/2019 Event Code: 04EN2000-2019-E-02135 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 etseq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and hqp://www.fws. og v/mi rg atoiybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 05/23/2019 Event Code: 04EN2000-2019-E-02135 Attachment(s): • Official Species List 05/23/2019 Event Code: 04EN2000-2019-E-02135 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919)856-4520 05/23/2019 Event Code: 04EN2000-2019-E-02135 2 Project Summary Consultation Code: 04EN2000-2019-SLI-0931 Event Code: 04EN2000-2019-E-02135 Project Name: CPC Line 24 Exposure Big Branch Wake Co. NC Project Type: OIL OR GAS Project Description: Pipeline exposure maintenance Project Location: Approximate location of the project can be viewed in Google Maps: hUs: www.google.com/maps/place/3 5.71925272503666N78.86137540230405 W Counties: Wake, NC 05/23/2019 Event Code: 04EN2000-2019-E-02135 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: h!Ws:Hecos.fws. og v/ecp/species/7614 Fishes NAME STATUS Cape Fear Shiner Notropis mekistocholas Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: h!Ws:Hecos.fws. ov/ecp/species/6063 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: hgps:Hecos.fws. og v/ecp/species/5217 05/23/2019 Event Code: 04EN2000-2019-E-02135 4 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. PCN FORM ATTACHMENT C — NRHP Map Site ID: WA0847 11! approximately 1,135 LF Site ID: WA0844 !� from exposure location approximately 1, 775 LF •� from exposure location Site ID: WA0846 approximately 1,950 LF from exposure location• _ i40 Site ID: WA3821 # alp?, +- ~ Af` '"� approximately 1, 750 LF elk , _ from exposure location JVT -40 A to Line 24 Exposure Location (35.719330, -78.861470) Site ID: WA7492 iy. approximately 1, 735 LF j • from exposure location' , Legend �} Exposure Location ~` CPC Pipeline, • NC HPO Points s� Base Map Source: ESRI Aerial Imagery 1:8,000 0 400 800 1,600 Feet Colonial Pipeline Company, SE Line 24 Exposure, NC HPO and NRHP Map Big Branch c o r b l u Project No. 02-041901 Wake County, North Carolina ECOLOGY GROUP PCN FORM ATTACHMENT D — FEMA/FIRM Map N�� ; "'A A_ 149, r �•; } 3 Ok Line 24 Exposure Location -YV, (35.719330, -78.861470) ,�•"'?;. 44 _ BARE -AU MJill MALFLOO DH#0�ZARD 3 � P r Legend Exposure Location ; CPC Pipeline Flood Hazard Zones Zone Type jrn ,i - 1 % Annual Chance Flood Hazard - Regulatory Floodway f .v . - Special Floodway Area of Undetermined Flood Hazard 0.2% Annual Chance Flood Hazard �a. Future Conditions 1 % Annual Chance Flood Hazard Area with Reduced Risk Due to Levee mi Base Map Source: ESRI Aerial Imagery 1:5,000 0 250 500 1,000 Feet Colonial Pipeline Company, SEPh Line 24 Exposure1 FEMA/FIRM Map Big Branch c o r b l u Project No. 02-041901 Wake County, North Carolina ECOLOGY GROUP