Loading...
HomeMy WebLinkAbout45297_PIEDMONT NATURAL GAS_20060101\-0 ❑CAMA / ❑ DREDGE & FILL 4 297 GENERAL PERMIT Previous permit # ❑New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC ❑ Rules attached. Applicant Name Address City Phone # ( )_ Authorized Agent ❑ Cw Affected AEC(s): ❑ OEA ❑ PWS: ORW: yes / no State ZIP " Fax #( ) ❑ EW ❑ PTA ❑ ES ❑ PTS ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ FC: PNA yes / no Crit. Hab. yes / no Type of Project/ Activity Pier (dock) length Platform(s) Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length SAV. not sure yes no Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no A building permit may be required by: Notes/ Special Conditions Project Location: County Street Address/ State Road/ Lot #(s) Subdivision City ZIP Phone # ( ) River Basin Adj. Wtr. Body (nat /man /unkn) Closest Maj. Wtr. Body (Scale: ) ❑ See note on back regarding River Basin rules. UU0 Agent or Applicant Printed Name Permit Officer's Signature More hnad city �,�ftA z, Signature "Please read compliance statement on back of permit is LAKIDate Expiration Date ApplicationFee(s) Check# Local PlanningJurisdiction / Rover File Name -AW Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar - Pamlico River Basin Buffer Rules _� Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Central Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax: 919-733-1495 Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 400 Commerce Ave Morehead City, NC 28557 202-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 06/29/05 VICI'N!ITY MAP NOT TO SCRtf_ «,* t SITE M WAY ENCROACHU M REOUMM LM04D: IXt3T3N0 OAS INN PRopmo OAS mmm to = P U w W m 386 OAKS RD. -_ _ _ _ NATIONAL AVE. SR. 1403 SR. 1403 5 -- 17� - -- - 22 -- 10' PROPOSED 4' PE., 2406, SDR-11.0 GAS MAIN / �A, G�J PROPOSED 4" PE., 2406, SDR-11.0 GAS MAIN NOTE: 4"PE GAS MAIN WILL BE INSTALLED ON D.O.T. 60' R/W. PROFILE I�200'--i-I t8, t10' UNDER S CREEK BED JACK SMITH CREEK mont IIIII Natural Gas Mrs. Terre NCDENR Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 Dear Engineer: 91MAY��ad�D Morehead City DCM P ;cr1um� a MAY a-2o,s Morehead City pCM Below I have listed the Piedmont Natural Gas intermediate pressure distribution main. I have also included the length, size and type of pipe for the entire gas main crossing on Jack Smith Creek on the N.C. D.O.T. Highway Right -of —Way. Gas Main NC. S.R. 1403 (Oak Road) ------- 200 LF of 4 inch PE 2406 SDR 11.5 gas main. If you have any questions or need additional information, please do not hesitate to call. Thank you, Dan Rouse Piedmont Natural Gas New Bern Operation 111 Corporate Lane New Bern, NC 28562 Phone: 252-634-1651 Ext. 2521 E-mail: william.rouse@piedmontng.com 111 Corporate Lane • New Bern, NC 28562 • Phone 252.634.1651 • Fax 252.638.4718 • www.piedmontng.com PIEDMONT NATURAL GAS COMPANY, INC. PROPOSED CONSTRUCTION SKETCH Approved Project No. Division Prepared By Project: Oaks Rd. INSTALL 2712' of 4" PLM MAIN Design Dept. Comments Estimate No. Scale: 1 ":360' Page of DQte General Main Ma Per ��,. ? J Initials Construction Dept. Comments Initials Now UNITED STATES POSTAL SERVI 0,1 l First -Class Mail Postage & Fees Paid ` USPS t - Permit No. G-10 ender: Ple,*e print your name, address, and ZIP+4 in this box • y �'i��Q rv, orlif Ill ci c ra ( irc �S i3 eew , �JC II %1Z IRV) % lr, 111Illi1li1l 111111111111111111111111111111111111111l111�11�1:1 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ,i .m Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 11. Article Addressed to: Mu.+hfr- /1n.0. ` (706 fuv.e' l(�, 4-1 rJ1rnJ A/s: n A. Si nature X �j JL-� ❑Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery r D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No O'Service Type ❑ ed fa4 / press Mail -w Registered C] Return Receipt for Merchandise trampM�ail p,(❑�xtC...O.D. tra t ptliv�7 [ y%i�❑ Yes 2. Article Number (Transfer from service labeo : �,� � o� / 7 PS Fm 3 or811, February 2004 Domestic Return Receipt ! 102595,02-M-1540 ' n UNITED STATES POSTAL SERVICE i s t_— First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Pl t your name, address, and ZIP+4 in this box CD CD 0 Y51 01 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ` ■ Print your name and address on the reverse so that we can return the card to you. s ■ Attach this card to the back of the mailpiece, or on the front if space permits. i Article Addressed to; A. Signature ❑ Agent X CA,,—.) 13 Addre B. Received by ( Printed Name) I C. patg oflbel D. is lyery address different from item 11 ❑ Yes If w; 13 No mug MAY � � 3. Service Type Mail 0 Express Mail Ql i�l�lri 6�e�ej{CkTrch *03 Insured Mail �� G •r y 4, Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 -' ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and addr reverse V so that we can return th Ilvardu. ■ Attach this card to the b '.'of l mailpiece, or on the front if space p 1. Article Addressed to: ct o CN /I/—awC-e, .✓ Si/52 � e i A. Signature Agent ❑ Addre 7eived by (Printed Name) C. Date of Delivery �,V1Y1C/� Wi IGiVW S ►7-0�O D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Se5O Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. ArticleNumber7005 1820 0003 0436 3723 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 0 Sender: Please print your name, address, and ZIP+4 in this box 9 ed P1 a� A/A��,� ( Jew 1 A/C UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS 1111 Permi Q. G-10 • Sender: Please print your name, address, analP+4 in s CD CD Piedmont Natural Gas 111 Corporate Ln. c� New Bern, NC 28562 o �•� � � 1"•i-� � rl.tit�lt�7i�ltt#iftfililt�!F}#SI#il#1�1##}�FF�F �I!#�i#/ti7#�i t#1 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space perm3& ? 1. Article Addressed to: 5 0 1 PAUL W. CRAYT 108 DOGWOOD L I E NEW BERN, NC 28-62 A. / ❑ Agent X ❑ Addressee 13. ceived b (Printed_ foam C. Date f Deli v D. Is delivery adfiress different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No k' I' 3. Ice Type �! Certifi0 Expressed Mail Express Mall Registered ❑ Return Receipt for Merchandise ' Insured Mail ❑ C.O.D. 4. R stricted Delivery? (Extra Fee) ❑ Yes ' 2. Article Number (Transfer from service label) S 7005 1820 0003 0434 6139 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ; APR-07-2006 FRI 12:41 PM NC DIV OF COASTAL MGMNT FAX NO. 4 P. 02 R_t?'1'�_ RN ,k1).1:4.C.) ;INI, 1Z.1PA1x11A N ,l,':iZ().l.'l;It',I Y 0W.M,-R i�c)'.I'11 1Ct1',l1,ON/titi ��I�'7.ft F URM N,1mv. of ilvlMillwl applrill-for pi:rIII it:.,.Pt�S�-.�nu�� 11,ddr(-;cs (if r operty'. C !..c2.A-zo -4. r (lotcr sl:;ct Y,;l,cr[orroad) (Ciry e. County) 1' k�crcl)y <: rlii'y that I ovvit propoLty a(ljacelit to the above referenced property. "rho, ivi�.l�.tal .,(�la]yirt; for this l.�ei`rllit hti-s described to my (as. shown on t-he attached ilr2win;�,) III(' do-w-lopmr-lit tliry are proposing . A description or drawing, with Eliitu:n;;ions, slt�aui(11>E'-pt�E)vi(kxl witti this letter. I ii lve uo obj(.clions to this proposal. I y�t,rt hrii cs objec.tior2s to >i�lcrrf i,� Mein proposed, ��lea write the Division of Coastal i6 la it ag ri?ii-nt, 400 Cont raerre Ave., Morehead City, NC 28557 or call (252) 808-2808 ►,uill►itr 10 (lays of r•er..eipt of tlii.s 120(ice. No req)onse is considered the same as no 01; ertir.,f, [,"yov. have? hretc notijlerl by Certified Mail. WAIVER Si;(,UON I un(Jorstr' l d flint it pit r,, (lock, illoadn" pilings, bzE-ikwater, boltliouse, lift or sandbags insist bi, s,`t 13iack a minimum distanCe of 15' from my area of riparian access unless waived by wv.,, (U you wish to wive the setback, you n-i st, initial the 7ppropriate blank below.) "t"� I ► WisJz to waive tht, 15' setback requirement. 1 d„ not wislj to waive; floc 15' setback requirement. {'e eohr.n: Wfh ,\ri'.z code -- UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • ender. Please print your name, address, and ZIP+4 in this box • �I E c,v 6 eti /v _C �' S r ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the ce, or on the front if space permits ;? 1. Article Addressed to: cID C-rGs�to�J l � A. Signature X ❑ Agent ❑ Addressee Received by (Printed Name) C. Date of Delivery Z5Is delivery address different from item 1? ❑ Yes L If YES, enter delivery address below: ❑ No U 3. @Oce Type JZ.Certified Mail ❑ Express Mail 0Registered ❑ Return Receipt for Merchandise sured Mail ❑ C.O.D. 4. I1_%ricted Delivery? (Extra Fee) ❑ Yes 2. Article Number �- 7005 1,820 0003 0437 7065 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540; �c CERTIFIED MAIL. h� Piedmont Natural Gas2111111111 New9e,2C28562 7005 1820 0003 0437 7065 ='=_ t� �J r-1 Qc ;�7 c= U Paul W. Crayton, Jr. N 2111 Oaks Road REn.�.._ c W '_Ne-,u RPrn N( 7 R 5h ", f���o4 CD i A ❑ INSUFFICIENT ADDRESS C ❑ EMPTED NOT KNOWN ❑ OTHER ®SUCH NUMBER/ SWASM S ❑ NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD tl.,�AATE�� ray +w. STATE OF NORTH CAROLINA DEPART ENT OF TRANSPORTATION NUCHAEL F. EASLEY DIVISION OF HIGHWAYS GOVERNOR February 20, 2006 Shirley Byrd, Distribution Supervisor Piedmont Natural Gas I I I Corporate Lane New Bern, NC 28562 SUBJECT: Encroachment Contract — Craven County (25-06-16) LYNDO TIPPETT SECRETARY LrS---",g ED Morehead City DCM Attached hereto, for your files, is a copy of the Right of Way Encroachment Contract, which has been properly executed. The contract covers the following: 4" natural gas main along SR 1403 APPROVED SUBJECT TO SPECIAL PROVISIONS: Specific Requirements: 1) Crossing by bore only no open cuts will be permitted. 2) All roadway crossings that exceed 6" shall be encased. 3) All roadway crossings by dry bore method shall be a minimum of 3 feet below the elevation of the existing roadway and 2 feet below the existing ditch, which ever is the deepest. 4) Pipe encasements shall extend from ditch line to ditch line in cut sections, and 5 (five) feet beyond toe of slope in fill sections, and 3 (three) feet behind curb sections. 5) Directional boring using jetting with a Bentonite (or equivalent material) slurry is approved at a minimum depth of 10 (ten) feet below the roadway surface (15 feet for controlled access roadways) and 5 (five) feet below any ditch line. Any changes shall be submitted to the District Engineer for approval prior to construction. 6) All utilities shall be placed in accordance with the manual on Policies and Procedures for Accommodating Utilities on the Highway Rights of Way. 7) All concrete and asphalt driveways within NCDOT right of way shall be crossed by dry bore methods. Proper Traffic Control; Devices, Signs, etc., Shall be Installed to Insure Public Safety.. DIVISION TWO • P.O. Box 1587 • GREENVILLE, N.C. 27835 t PHONE (252) 830-3490 • FAX (252) 830-3352 .� n Page 2 of 4 Craven County Eric 425-06-16 8) All shoulder installation shall remain a minimum of 1 foot distance peLl foot slope) from the edge of pavement to the nearest inside wall of ex t1 pMAY 2 5 7.00ti General Requirements: MRI!�'gad Ccty LIGM 1) The encroaching party shall notify the District Engineer's offic 46-3689] prior to beginning construction and upon completion of construction. 2) The encroaching party is required to contact the appropriate Utility Companies involved and make satisfactory arrangements to adjust the utilities in conflict with the proposed work prior to beginning construction. 3) Trenching, bore pits and/or other excavations shall not be left open or unsafe overnight. The Contractor shall comply with all OSHA requirements and provide a competent person on site to supervise excavation at all times. 4) All fill areas/backfill shall be compacted to 95% density in accordance with AASHTO T99 as modified by the NCDOT. All material to a depth of 8 inches below the finished surface of the subgrade shall be compacted to a density equal to 100% of that obtained by compacting a sample of the material in accordance with AASHTO T99 as modified by the Department. The Contractor shall dry or add moisture to the subgrade when required to provide a uniformly compacted and acceptable subgrade. All material placed in a maximum of 6" lifts. 5) All earth areas disturbed shall be graded, dressed, seeded, mulched, and tacked with liquid asphalt or other approved means within 10 days of completion of work in any area. 6) All workmanship and materials shall conform to North Carolina Department of Transportation Standards and Specifications manual. 7) The encroaching party shall comply with all applicable federal, state and local environmental regulations, and shall obtain all necessary federal, state and local environmental permits, including but not limited to, those related to sediment control, storm water, wetland, streams, endangered species and historical sites. 8) All existing structures, drainage or otherwise, located inside the Right of Way that are affected by this work shall be restored to meet the NCDOT Standards and Specifications as directed by the District Engineer. 9) Any pavement or drainage structure disturbed or damaged shall be restored to original or better condition as directed by the District Engineer. 1 Page 3 of 4 Craven County Enc #25-06-16 10) Traffic Control Devices shall be in accordance with the manual on Uniform Traffic Control Devices and amendments or supplements thereto. Proper traffic control devices, signs, etc., shall be installed to insure public safety. II)During non -working hours, equipment shall be parked as close to right of way lines as possible and be properly barricaded in order to not have any equipment obstruction within the Clear Recovery Area: 12) All roadway signs that are removed due to construction shall be reinstalled as soon as possible, but at least by the end of the same workday. 13) Excavation material shall not be placed on pavement. Drainage structures shall not be blocked with excavation materials. 14) All soils located inside the Right of Way shall be considered a type "C" soil. All trenching, shoring and excavation shall follow the OSHA guidelines for this type of soil. 15) All splice boxes, manholes, and other appurtenances within the NCDOT right of way shall be located at/outside the right of way line. Manholes and/or vaults shall not be placed in the ditch line, side slopes of the ditches, or in the pavement. 16) All manholes and/or vaults within NCDOT right of way shall be of pre —approved design. If any proposed structure is not of a design pre -approved by NCDOT, the encroaching party shall submit details and design calculations signed and sealed by a State of North Carolina registered Professional Engineer for approval prior to construction. NCDOT Design Services may be contacted for an approved design list. 17) Manhole rings and covers, valve covers, and storm drain grates and frames shall be of the traffic bearing types approved by NCDOT for use within the highway right of way. 18) Where utility is installed in the Right of Way and are not of ferrous material, a locating tape shall be installed with the pipeline. 19) Any drop off greater than 2" from the edge of pavement shall be made safe by using a 6.1 slope or flatter or a width of 6 feet 20)An executed copy of this encroachment agreement, contract, and plans shall be present at the construction site at all times during construction. If safety or traffic conditions warrant such action, NCDOT reserves the right to further limi4 restrict, or suspend operations within the right of way. WMAYM,, 200.E MIKehead City, DQMM Sincerely, C.E. Lassiter, Jr., P.E. Division Engineer CEL/gre Cc: Mr. J.B. Williamson, Jr., Manager of Right of Way Mr. C. E. Lassiter, Jr., PE, Division Engineer Mr. Aaron C. Everett, District Engineer Mr. Ken Mason, County Maintenance Engineer Page 4 of 4 Craven County Enc 425-06-16 Morehead City DCM r III' Piedmont Natural Gas January 26, 2006 Mr. A. C. Everette, District Engineer NC Department of Transportation 201 S. Glenburnie Road New Bern, North Carolina 28560 Dear Engineer: We are enclosing 5 signed copies of the Right of Way Encroachment Agreement (Form R/W 16.1, Rev. 7-1-77), along with 5 copies of a print showing the Piedmont Natural Gas distribution system in New Bern, Craven County. This proposed extension will be a 4"-inch plastic intermediate pressure natural gas distribution main to commence from our existing facilities at a point 713'feet east of the intersection of S.R.1403 Oaks Road and S.R.1215 Simmons St; thence running as per attached drawing. HED 5925 This proposed extension will be installed in accordance with the provisions of the Policies and Procedures Manual for Accommodating Utilities on Highway Rights of Way and the Manual on Uniform Traffic Control Devices for Streets and Highways. All erosion control and sediment devices will be used on this encroachment. Less than one acre of land will be disturbed and no erosion control plan has been submitted. In accordance with the procedure, we will notify you when construction on this project has been completed. Sincerely, 2 5 2006 Shirley Byrd Distribution Supervisor Morehead City DCM 111 Corporate Lane • New Bern, NC 28562 • Phone 252.634.1651 • Fax 252.638.4718 • www.piedmontng.com r IIIII'Piedmont Natural Gas January 25, 2006 Mr. A. C. Everett, District Engineer NC Department of Transportation 201 S. Glenburnie Road New Bern, North Carolina 28560 Dear Engineer: Below I have listed the Piedmont Natural Gas intermediate pressure distribution main. I have also included the length, size and type of pipe for all gas main along NC DOTS highways in the event that you would need this information. GAS MAIN S.R. 1403 ---- 2712 LF of 4" Plastic, 2406, SDR 11.5 PLEXCO yellow pipe. If you have any questions or need additional information, please do not hesitate to call. Thank you, Sincerely, Dan Rouse Piedmont Natural Gas New Bern Operations 111 Corporate Lane New Bern, NC 28562 Phone: 252-634-1651 Ext.2521 E-mail: William.rouseRpledmontng MAY 2 5 2006 Morehead City DCM 111 Corporate Lane • New Bern, NC 28562 • Phone 252.634.1651 • Fax 252.638.4718 • www.piedmontng.com STATE OF NORTH CAROLINA ROUTS SR. 1403 PROJECT HED-5925 COUNTY OF Craven DEPARTMENT OF TRANSPORTATION RIGHT OF WAY E , E E T -AND- PRIMARY AN .1 H Piedmont Natural Gas 111 Corporate Lane MAY 2 J 2006 New Bern, NC 28562 THIS AGREEMENT, made and entered into this the '?0 rig day of FEE3&AQy, 24®'b9DQee4�eaep&Jment of Transportation, party of the first part; and Piedmont Natural Gas party of the second part, WITNESSETH THAT WHERAS, the party of the second part desires to encroach on the right of way of the public road designated as Route SR 1403, located 713 feet east of the intersection of S.R. 1403 Oaks Road and S.R. 1215 Simmons St. in New Bern, Craven County with the construction of: a 4 inch -plastic intermediate pressure natural gas main for a distance of 2712 feet. WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment with in the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS -OF -WAY, and such revisions and amendments thereto as may be in effect at the date of this agreement. Information as to these policies and procedures may be obtained from the Division Engineer or State Utility Agent of the party of the first part. That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the round surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Division Engineer of the party of the first part. That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless evidence of approval can be shown. Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the second part from the party of the first part. During the performance of this contract, the second party, for iiseif, its assignees e ccesscr _ :n i,+.=�P�t (hereinafter referred to as the "contractor"), agrees as follows: a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally - assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. c. Solicitations for Subcontracts including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, FORM R/W 16.1 (Rev. July 1, 1977) or national origin. '' Information and Reports: The contractor shall provide; all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (1) withholding of payments to the contractor under the contract until the contractor complies, and/or (2) cancellation, termination or suspension of the contract, in whole or in part. d. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a" through "f' in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. R/W (161) : Party of the Second Part certifies that this agreement is true and accurate copy of the form R/W (161) incorporating all revisions to date. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year first above written. DEPARTMENT OF RANSPPO_RTATION BY: 49 .r J ' S DIVISION ENGINEER ATTESTOR WITNESS: � �L�'°`� Piedmont Natural Gas Dan Rouse Drafter INSTRUCTIONS Shirley Byrd Distribution Supervisor Second Party When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of the Manager of Right of Way. In the space provided in this agreement for execution, the name of the corporation or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly below their signature. When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this agreement and the names of all persons signing the agreement should be typed directly below their signature. This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information: 1. All roadways and ramps. 2. Right of way lines and where applicable, the control of access lines. 3, Location of the existing and/or proposed encroachment. 4, Length, size and type of encroachment. 5. Method of installation. 6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, etc. 7. Location by highway survey station number. If station number cannot be obtained, location should be shown by distance from some identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the encroachment plan, the Department's roadway plans rnay be seen at the various Highway Division Offices, or at the Raleigh office.) 8. Drainage structures or bridges if affected by encroachment (show vertical and horizontal dimensions from encroachment to nearest part of structure). 9. Method of attachment to drainage structures or bridges. 10. Manhole design. 11. On u nderground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc. 12. Le # �. ize and type of encasement where required. 13' v ` erground crossings, notation as to method of crossing - boring and jacking, open cut, etc. Location of vents. GENERAL REQUIREMENTS 1. Any attachment to a bridge or other drainage structure must be approved by the Head of Structure Design in Raleigh prior to submission of encroachment agreement to the Division Engineer. 2. All crossings should be as near as possible normal to the centerline of the highway. 3. Minimum vertical clearances of overhead wires and cables above all roadways must conform to clearances set out in the National Electric Safety Code. 4. Encasements shall extend from ditch line to ditch line in cut sections and 5' beyond toe of slopes in fill sections. 5. All vents should be extended to the right of way line or as otherwise required by the Department. 6. All pipe encasements as to material and strength shall meet the standards and specifications of the Department. 7. Any special provisions or specifications as to the performance of the work or the method of construction that may be required by the Department must be shown on a separate sheet attached to encroachment agreement provided that such information cannot be shown on plans or drawings. S. The Department's Division Engineer should be given notice by the applicant prior to actual starting of installation included in this agreement. PIEDMONT NATURAL GAS, C'OMPANY-'*-".,'A'�'=I�,Z7,, OF AMER/AP,P =T, I =4 ' =Al d P. O. Box 33068 �J= =I 1023548 NationsBankofTexa N.A. '­_ . Charlote,NC 28233-3068 I­ = CHARLOTTE, NC28233 32 f1l11*0 Date 0511 OM06 Pay Amaltifif $100.0(i* Z Pay "ONE HUNDRED AND XXIIOO DOLLAR**** m=gc q To The NCDENR 41 m: Order Of DI VISION OF COASTAL MANAGEMENT 400 COMMERCE RD s Z. I I F Z Z" I Authorized Signature MOREHEAD CITY, NC 28557 ZQ&Z t 11 VOID AFFER Q IX MONTH 1 1" 10 23548"I.': I L 10000 121: 37500096 L?ii- _j l_* Check Date: 05/10/2006 Vendor Number: 0000948311 Check No. 1023548 Invoice Number Invoice Date Voucher ID Gross Amount Discount Taken Late Charge Paid Amount PROM261 648 05/01/2006 00791561 100.00 0.00 0.00 100.00 R S J� y e.P. U (--D Morehead City IDC�j,, Check Number Date Total Gross Amount Total Total Total Discounts Late Charges Paid Amount 1023548 05/10/2006 $100.00 $0.00 $0.00 S 100.00 QUESTIONS REGARDING THIS CHECK PLEASE CALL(704) 364-3120