HomeMy WebLinkAbout61543D - Piedmont---'CAMA / L---'N` 61 DREDGE &FILL •
GENERAL PERMIT ,`1i� �, Previous permit#
AeW ❑Modification ❑Complete Reissue LPartial Reissue Date previous permit issued
)rized by the State of North Carolina, Department of Environment and Natural Resources
Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC �610f%
ules atta ed.
nt Name j Jj �j ,l�I i' �'j Project Location: County N 4w
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❑ CW Q'EV1✓ L-OiA "ES Ts Phone # ( ) River Basin 64
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ling permit may be required by:-��l1�i �'� , !r a eeA1;, ., s El See note on back regarding River Basin
March 7, 2013
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Attention: Mr. Robb Mairs
Reference: Coastal Area Management Act General Permit for
Subaqueous Utility Line Crossing
PNG Line 150
Barnards Creek
Wilmington, North Carolina
S&ME Project No. 1357-12-001
Dear Mr. Mairs:
S&ME, Inc. is submitting this application for a Coastal Area Management Act (CAMA)
General Permits for Subaqueous Utility Line Crossing of Barnards Creek nears its
intersection with River Road south of downtown Wilmington. The following documents
have been attached for your review:
• Project narrative
• Agent Authorization form
• Easement approval from the NC State Property Office
• Easement approval from the City of Wilmington
• Plan and profile view drawings of the crossings
• Certified mail receipts
• Check for $400.00 made to NCDENR
Please contact us if you have any questions regarding the information package.
Sincerely,
S&ME, Inc.
Paul Masten_ T._S_S_ Tulae Rennett HncIel
If r
PROJECT NARRATIVE
PNG Line 150 Extension Project
Piedmont Natural Gas (PNG) proposes to install a new ten -inch diameter natural gas
pipeline to be located in Brunswick and New Hanover Counties, North Carolina. The
new pipeline will originate approximately 1.4 miles southwest of Clarendon Road and
approximately 0.5 mile north of Town Creek (34.1586°N, 78.0356°W) adjacent to the
west of the U.S. Army railroad easement and south of the Brunswick Forest development
in Brunswick County, North Carolina. The pipeline continues generally east before
crossing the Cape Fear River, then turning north, generally paralleling River Road to its
terminus on the north side of Sunnyvale Road in Wilmington, North Carolina
(34.1721°N, 77.9411°W). The majority of the line was permitted in 2012, which
included the portion from the west terminus adjacent to the U.S. Army railroad easement
to the east side of River Road. Subaqueous crossings of Little Mallory Creek and the
Cape Fear River received CAMA General Permits as part of that permitting process.
The purpose of the entire project is to provide natural gas transmission to southern New
Hanover County. This area is currently served by an existing eight -inch transmission line
that is leased from Exxon with the lease set to expire in June 2013. The extension line
project will cross one Coastal Area Management Act (CAMA) —jurisdictional water,
Barnards Creek. Most of the extension line project contains forested area including
jurisdictional wetlands and waters of the US. Coastal wetlands are present within the
floodplain of Barnards Creek only. The extension line project will not result in a loss of
Waters of the US, but will affect approximately 1.51 acres of wetlands and 122 linear feet
of tributary. Of those impacts, 0.65 acres will involve conversion of forested wetlands to
herbaceous wetlands, while the remainder will consist only of temporary disturbance.
There will be no impacts to Barnards Creek or associated coastal wetlands, as the
pipeline will be installed beneath the waterway via horizontal directional drill (HDD).
The project as proposed requires authorization from the US Army Corps of Engineers
(USACE) under Nationwide 12 (utility line activities), written concurrence from the
North Carolina Division of Water Quality (NCDWQ) under Water Quality Certification
(WQC) No. 3819, as well as a General Permit from the North Carolina Division of
Coastal Management (NCDCM) for Subaqueous Utility Crossings.
To minimize impacts and disturbance to jurisdictional Waters of the US, PNG plans to
limit the width of the proposed ROW. The work will be conducted within a 40-foot
ROW, 10 feet of which will consist of temporary work space (TWS), with the remaining
30 feet consisting of a permanently -maintained easement. This is the minimum width
required to support: 1) leakage surveys from ground mobile units or aerial technology;
2) aerial patrolling for possible encroachment activity near the pipeline; 3) accurate
AGENT AUTHORIZATION FORM
Date: 6/02/09
Project Information
S&ME Project Name: PNG Line 150 Pipeline
Type of Project: Jurisdictional Delineation, Nationwide Permitting
Location: Brunswick and New Hanover Counties, North Carolina
Property Owner/Representative Information
Business Name:
Mailing Address:
City, State, Zip Code:
Telephone No.
Contact:
Agent Information
Business Name:
Street Address:
City, State, Zip Code:
Telephone No.
Contact:
Piedmont Natural Gas
4720 Piedmont Row Drive
Charlotte, NC 28210
(704) 7314375
Ms. Mara Sikora, P.E.
S&ME, Inc.
3006 Hall Waters Dr., Ste. 100
Wilmington, N.C. 28405
910.799.9945
Paul Masten
Authorization: I �(( Ccc`` on behalf of
(Contact Signature)
1>,c Lr m,rA No� -Sm hereby authorize
(Name of Landowner Project Sponsor)
S&ME, Inc. to act as agent for the above -mentioned project.
rtFC;EIVE
North Carolina
Department of Administration
Pat McCrory, Governor
Bill Daughtridge, Jr., Secretary
March 5, 2013
Paul Masten
S&ME
6409 Amsterdam Way, Building B3
Wilmington, NC 28405
Re: Council of State Approval
File No. 65-BM
Dear Mr. Masten:
State Property Office
This is to advise you that the Council of State, at its meeting held on the above date
approved the attached item.
This matter will be referred to the Attorney General's Office at the appropriate time foi
preparation of documents. In the meantime, if you have any questions regarding thi:
transaction, please contact Kelly Promer of this office.
Sincerely,
Speros J. Fleggas
Deputy Secretary
RECEIVED
DCM WILMINGTON, NC
KP:tm MAR 0 7 2013
DISPOSITION BY EASEMENT
ITEM 1
GRANTOR: State of NC, Department of Administration
GRANTEE: Piedmont Natural Gas Company, Inc.
LOCATION: Barnards Creek near River Road, Wilmington, New Hanover County
EASEMENT AREA: ±20' x ±656' or f 13,120 sq. ft. or (f0.30 acre)
CONSIDERATION: $250
COMMENTS: Utility Easement. Proposed easement is needed for subaqueous installation of a 10"
natural gas pipeline to provide utility service.
Z�OF i
IYI91M�l��GVNIIVI
DEED OF EASEMENT
TRANSMISSION
-C.4X O3�1_ - oO
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NHC COUNTY TAX ID # R07000-001-011-000
Prepared By & Return To:
SFOR REGrSTRRTION REGISTER OF DEED! TRMMY THEUSCH BEpSLEY
10f 3HFEBV06 02UO3: iOc 1
8K:5709 PG:2587-2590 HEM 00
1NSIVEW 1201300*0
*1:liedmont Natural Gas Company, Inc.
C/o Sandy Ogint
Administrator Property Records
4720 Piedmont Row Dr.
Charlotte, NC 28210
LINE NUMBER 150-NH
PARCEL NUMBER 10
L
THIS DEED OF EASEMENT made this '�� day of iCI-i-i u�_a, -Ly 2013, from the CITY OF
WILMINGTON, a North Carolina Municipal Corporation (hereinafter designate as GRANTOR), to PIEDMONT NATURAL
GAS COMPANY, INC., (hereinafter designated as GRANTEE).
WITNESSETH
Subject to the conditions, restrictions, and exceptions contained herein. GRANTOR, for and in consideration of the sum of
$ 17,394.00, and other valuable considerations, the receipt of which is hereby acknowledged, hereby bargains, sells, and
conveys unto GRANTEE, its successors and assigns, a non-exclusive easement right for the purpose of laying,
constructing, maintaining, operating, repairing, altering, replacing, removing, and protecting one or more pipelines for the
transportation of natural gas under, upon, over, through, and across a portion of the southeast corner of GRANTOR'S
land which Is situated in the Masonboro Township, New Hanover County, North Carolina, as legally described in those
deeds recorded in Book 2602, page 974 and Book 2602, Page 977, New Hanover County Registry. The easement herein
conveyed is more particularly described as:
BEING all that 43,570 square feet area (1.00 acre) indicated as "Proposed Easement" as shown on
that survey dated 09/06/2012 by James L. Strickland, PLS and entitled "Survey for Piedmont
Natural Gas Company, Easement To Be Acquired From City Of Wilmington, River Road". A copy
of said survey is hereto attached as Exhibit "A" and herein incorporated by reference as if fully
set forth.
GRANTEE shall have all rights necessary for the full use of the easement herein conveyed, including: (1) access to and
from said easement; (2) the right at all times to keep the easement area clear of all buildings or structures, trees, shrubs,
bushes, stumps, roots undergrowth, or other vegetation as will in its judgment interfere with the purposes of this
easement; and (3) to construct, Install, operate, utilize, rebuild, remove, protect and maintain its pipes, valves, markers,
cathodic protection equipment, anode beds and other appurtenant devises in conjunction with said gas facilities;
SUBJECT TO the now existing physical easement of pipes belonging to the Cape Fear Public Utility Authority and a
reservation for a future conduit (2 inches in diameter) for service provider Time Warner Cable, or its successors in
interest. This easement is revoked by its terms if GRANTEE fails to provide GRANTOR an updated survey indicating the
depth of the installed transmission lines upon completion of construction, and thereafter upon written request by
GRANTOR.
GRANTOR EXPRESSSLY RESERVES the right to use all of Its land including that conveyed by this easement for all
purposes not inconsistent with this easement, the North Carolina Utilities Commission, and any federal, state, or local law,
rule, or regulation, provided that GRANTOR and GRANTEE agree that: (1) notwithstanding anything to the contrary
herein, GRANTOR shall give written notification to GRANTEE and GRANTOR shall obtain written approval from
GRANTEE prior to any activity as defined in Items (2)—(7) of this paragraph so long as Grantee's approval is not be
unreasonably withheld; (2) the depth of said gas facilities below the surface of the ground shall not be reduced nor
increased by grading or any other work and any slopes allowed within said easement shall ha nn ��o��o. nne /A.91 ... �._. ins,
materials, junk or inoperable vehicles, satellite signal receiver systems, or other obstructions are prohibited within the
easement area; (9) GRANTOR shall not unreasonably interfere with GRANTEE'S access or maintenance to its facilities;
(10) t;RANTEE shall not endanger the safety of GRANTOR, GRANTEE, or the general public; (11) GRANTOR hereby
conveys to GRANTEE the right to construct future pipelines in perpetuity subject to GRANTOR's approval which shall not
be unreasonably withheld; (12) all facilities installed by GRANTEE shall be and remain the property of GRANTEE; and
(13) GRANTEE may remove its property at any time and from time to time, expressly conditioned upon GRANTEE being
liable at all times for the safe installation and removal thereof.
By acceptance of this Deed of Easement, the GRANTEE agrees that it will transplant the 24 trees identified by GRANTOR
from the easement area to another location on GRANTOR's land and that it at all times will restore the surface of the land
to its approximate level prior to any of its construction or maintenance by fill and sod in a manner acceptable to
GRANTOR so long as the same are not inconsistent with the express purpose of this easement. FURTHERMORE, the
GRANTEE agrees to restore any curbing, guttering or pavement or landscaping affected by GRANTEE's construction and
maintenance activities to the condition which existed prior to such construction or maintenance activities.
GRANTEE agrees that it shall be responsible for actual damages to improvements that existed prior to this EASEMENT
and any damage resulting to GRANTOR both inside and outside of the easement area caused by the construction,
Installation, operation, utilization, inspection, rebuilding, removal, and maintenance of its facilities, and in going to and
from the easement area, and shall be responsible for the breakage caused to any bridge and any damage to any road
due to hauling to and from the easement area.
To have and to hold the easement area herein described unto GRANTEE, its affiliates, successors, and assigns,
perpetually and continuously for the uses and purposes expressly stated herein.
Said GRANTOR covenants and warrants that it is lawfully seized and possessed of the property described above; and
that it has good right and lawful authority to convey said easement for the purposes herein expressed; and that
GRANTOR for Its heirs, successors, executors, administrators, and assigns covenants that it will warrant and defend said
easement against any and all claims and demands whatsoever, except for encumbrances of record.
IN WITNESS WHEREOF, the GRANTOR has executed herein legal instrument,
this day and year hereafter subscribed and acknowledged.
City Clerk
A�Atiorn�ey
rovd m:
NOTARY ACKNOWLEDGMENT
STATE OF: North Carolina
COUNTYOF: Brunswick
I, the undersigned Notary Public, do hereby certify that Penelope Spicer-Sidbury personally appeared before me,
and who being duly sworn, that she knows the common seal of the City of Wilmington and is acquainted with Bill Saffo,
who is Mayor of the City of Wilmington, and that Penelope Spicer-Sidbury is Clerk of the City of Wilmington and saw the
said Bill Saffo, Mayor of the City of Wilmington, sign the foregoing instrument, and saw the common seal of said City of
Wilmington affixed to said Instrument by said Mayor, and that she, the said Penelope Spicer-Sidbury, Clerk as aforesaid,
signed her name in attestation of the due execution of said Instrument in the presence of said Mayor of the City of
Wilmington.
Witnpcc my han.l --A ..u: _: _i ___, .,.. .. - _ th
ANEA OF: I SO. FT. ACRE PROJECT LOCALIZED FROM POINT /I
PROPOSED E45EMENT 43,570 1.00 ORID+COORD NATES
. E ... ...... TEMPORARY' ..••.• E, 2]00324.B9
.WORN SPACE::.':.':.::'. t],161:.. p.S[5 ... CF: 0.9920-10"29
THE STATE PLANE COORDINATES (SPC) FOR THIS PRDECT WERE PRODUCED M" VRS CPS
OMERVATIMIS AIM PROCESSED WTH WO SOFTWARE ON FEB. 9, 2009.
THE NETMAK POSITIONAL ACCURACY OF THE VTS DERIVED P09TONAL INFORMATION IS 0,042 ARID
SURVEY CLA55 MEETS OR EXCEEDS CUSS B.
HORIZOJTAL POSITIONS ARE REF]IDNCED 70 HAD B}/NSRS 1100T)
VERTICAL PDSIT"S ARE REiERINCED TO MAYDB6 USING
(6Ed009)
COMEINED FACTOR: 0-9999394129; GEOID MDDEL OEOMODI UNITS: US SURVEY FEET
IPF
NN
150—NH-10
'�
CITY OF WILMINGTON
DB. 2602 PG. 974
DB. 2602 PC. 977
PID: R07000-001 -01 1 -000
PIN: 31 25-03- 24 B6.000
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150-NH-09
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• FOR 60URCE OF TITLE REFER TO DEEDS AND FLATS
REFERENCED HEREON.
-ALL DISTANCES ARE HORIZONTAL CROUO DISTANCES
III U9 SURVEY FEET UNLESS OTHERMSE NOTED.
•AREA BY COM MATE COMPUTATION.
• PROPERSY SUB.ER TO ANY VAUD 1, ENFORCEABLE
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DIE. 1017 PC. 6O7
PID, R070DD-001-017-ppp
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I
R 6 ' 1 11 _ TYPICAL EASEMENT
2 11' UYOIR (1475)
REVISED: 09/08/2012 - EASEMENT CHANCES - WRH
1, JAMES L SRCK AND, PLS L-4247. CERTIFY THAT THIS PLAT WAS DRAWN woo MY
SUPERMSION FROM AN ACTUAL SURVEY YADE UNDER MT SUPgtASIpN (U® pE5(AIPiIOI
RECORDED CAM.
SON PANE 366k TUT TIE BOMpATI llES NOT SIRHVEYED
ME NdCATED WTN OA21FD LINES AS DRAWN FROM WFOIYATON IN BOOt SON
PACE N6 OR OTHER R IENCE SOIRI[E: THAT TE PATIO OF PRECISION IS
1:10.00d THAT THIS PUT YFTH 11E REotIV EMIN S OF THE STARpM03 OF PRACTICE
FOR LAND SURVEYING H NOiTI! CMOU14 (21 NCAC S&IBWk
THAT TK PUT WA4 FRFPARED FOt TE PURPOSE 6 EAS°I°1T ACDU971O! DILLY,
I� ITIE WiDFT OF ni°5 iui NAi 7EYEASP TOR DNNl T2 ENp YENPMaCEAL
THAT THE CONTROL AND TIES TO THIS SURVEY WERE PERFORMED USN. GPS YEINCOS:
THAT THIS SURVEY IS OF MOTHER CATEGORY, SUCH AS THE RECOMOIUTON OF E2115NN0
PMCE15. A COVAi-diD(Rm SURVEY.
OR OTHER EXCEPTION TO THE DUM D" or
w6dW ar, AA1p11N Illlfq
WTHESS MY DRIMIA49GNATURE, UCEHA NUY9ER, ; \A�dCARDt�/ram
AND SEAL THIS rs_ DAY OF ✓-dt'D 2W2 `� �¢'' ESSIp'•.,rY
r r O�
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cA247 N�a
EASEMENT SURVEY PREPARED FOR
PIEDMONT NATURAL GAS COMPANY
CITY OF_WI-MINGTON
150—NH-10I MASONRORO TOWNSHIP
NEW HANOVER COUNTY, NORTH CAROLINA
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`ENGINEERS,
PLANNERS, SURVEYORS
8020 TOWER POINT DRIVE
CHARLOTTE, NORTH CAROLINA 28227
PHONE
(704))841-25678
EXHIBIT
F-1222 07/30/2012
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TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
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Filed For Registration: 02106/2013 02:03:10 PM
Book: RE 5709 Page: 2587-2590
Document No.: 2013004340
4 PGS $26.00
NC REAL ESTATE EXCISE TAX: $36.00
Recorder: JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2013004340*
2013004340
RECEIVED
E DCM WILMINGTON,
MAR 0 7 1013
IC Division of Coastal Mgt. Habitat Impact Computer Sheet
pplicant:A)VI-h
Or+ f G� S Permit
ate: 3 /7/
ascribe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
and in your Habitat code sheet.
ibitat Name
A16
5,
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Dredge ❑ Fill I k Both ❑ Other ❑
2�
z oe(
Dredge ❑ Fill or Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER
004336
SuitefiE 531
100
Carolino 28405
Four hundred DOLLARS AND 00/100 CENTS $400.00
NOTVALIDFOR AMOUNTS IN EXCESS OF $1,000.00
A ❑ INSUFFICIENT ADDRESS
❑ ATTEMPTED NOT KNOWN ❑ OTHER
■ Co7if
.00S
0 SUCH NUMBER/ STREET
item NOT DELIVERABLE AS ADDRESSED gent
■ Print you UNABLE TO FORWARD�ow
so that A idressee
■ Attach th Delivery
or on the
1. Article Adc
S-, (I Cf rk H.4,e S v W,It-,'
q � a , s�;� - row
IV Z$L103
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—.,—y auuiess oeow: u No
3. Servi ype
LXCertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7011 2970 0003 4799 6331
(Transfer from service la
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 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.
1. Article Addressed to:
Qt k r�c�3 G���, LLC_
c% K zaN i3 �J
GruhV:l le-, AIC, 2-765 6
�• r+nicie rvumDer
(transfer from service label)
PS Form 3811, February 2004
A. Signa e
�( LTAgent
�� ❑ Addre.
B. Received by (Pri�Nam tC.Date of Deli
45-
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
a. service lype
93'6ertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. RP¢trirtm noii. ../) ic....., c__.
7011 2970 0003 4799 6324
Domestic Return Receipt
u Tes
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