20110855 Ver 5_404 Permit_20130318

REPLY TO
ATTENTION OF
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON. NORTH CAROLINA 28403 -1343
March 18, 2013
Subject: Action ID No. 2010 - 01309, PNG Sutton Pipeline; Richmond, Scotland, Robeson,
Bladen, Columbus, Brunswick, and New Hanover Counties, North Carolina.
Mr. Adam Long
Piedmont Natural Gas Company, Inc.
4720 Piedmont Row Drive
Charlotte, North Carolina 28210
Dear Mr. Long:
I am responding to your request dated February 12, 2013 for further modifications to the
existing April 24, 2012 Department of the Army (DA) permit to impact Waters of the US
associated with the construction of the PNG Sutton Pipeline traversing from Wadesboro to
Wilmington, North Carolina. Please also reference our previous permit modifications dated June
25, September 20, and October 29, 2012, and January 28, 2013.
The project impacts proposed in the modification request consist of an additional temporary
discharge of dredged material into 1.57 acre of wetlands, in order to construct an approximately
1 mile long extension of the Sutton Pipeline Project at the existing Progress Energy Sutton Plant
Site, in Wilmington, New Hanover County, North Carolina. The revision does not involve
additional loss of Waters of the U.S., however it does require the permanent conversion of 0.34
acre of forested or scrub /shrub wetlands to herbaceous wetlands.
We have determined that the proposed project modifications described above are minor and
are not contrary to the public interest. Accordingly, the DA permit is hereby modified provided
the following new special conditions are met:
1. All work authorized by this permit must be performed in strict compliance
with the workplans, included in the "PNG Sutton Project Second Response to
Request for Additional Information ", dated February 17, 2012 (received February
21, 2012), with the modification of 224 plan sheets included in the "Request for
Permit Revision ", dated May 22, 2012 (received May 23, 2012), the addition of 6
plan sheets and removal of 13 originally permitted plan sheets included in the
"Request for Additional Permit Revision ", dated and received August 31, 2012, the
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project description included in the e-mail message from Crystal Fox (S &ME),
subject line "Mt Misery Roads JDD Temporary Crossing Method ", dated October
16, 2012, the Lumberton Compressor Station laydown yard access road crossing,
sheet Number 1 of 1, sent with the "Request for Additional Permit Revision ", dated
2. December 14, 2012 (received December 18, 2012), and the addition of 2 plan
sheets included in the "Addendum 2 to Request for Additional Permit Revision ",
dated February 12, 2013, which are a part of this permit.
In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of
the attached Compensatory Mitigation Responsibility Transfer Form. The
requirements of this form, including any special conditions listed on this form, are
hereby incorporated as special conditions of this permit authorization.
NOTE: As stated in the transfer form, construction within jurisdictional areas
authorized by this permit can begin only after the USACE is in receipt of a copy of
that document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein.
It is understood that all terms and conditions of the original permit remain applicable, with
specific exceptions above, and that the expiration date is unchanged. Should you have any
questions, please contact Mr. David E. Bailey, Wilmington Field Office, Regulatory Division, at
David. E.Bailecr,usace.army.mil or telephone [phone].
FILENAME: 2009 -013 09- MOD.Long.doc.03 a.doc
Sincerely, CESAW -RG -L /BAILEY /tms
CESAW- RG- L /SUGG /s
MAIL
CESAW -RG /FILE
Steven A. Baker
Colonel, U.S. Army
Commanding
Enclosures
Copy Furnished (with enclosures):
Mr. Joey Lawler
S &ME, Inc.
9751 Southern Pine Boulevard
Charlotte, North Carolina 28273

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Copies Furnished (without enclosures):
Mr. Chad Coburn
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Stephen Rynas
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. John Ellis
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr. Fritz Rohde
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
Ms. Renee Gledhill -Early
North Carolina Department of
Cultural Resources
4617 Mail Service Center
Raleigh, North Carolina 27699

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Piedmont Natural Gas Company, Inc. Action ID: SAW - 2010 -01309
Project Name: PNG Sutton Pipeline, Modification # 5 County: New Hanover
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and /or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /In -Lieu Fee Program
Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030005, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian
Riparian
Non - Riparian
Coastal
Riverine
Non - riverine
0.34
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030005, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Rinnrinn
" "" """
Ri—ri-
" "` —,
Non- Riparian
Coastal
Riverine
Non - riverine
0.34
Mitigation Site Debited: NCEEP
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor N
Name of Sponsor's Authorized Represen
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 18 September, 2012

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation ( NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank /ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank /ILF Instrument.
Comments /Additional Conditions:
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below.
USACE Project Manager: David Bailey
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email: David. [e-mail]
March 26, 2013
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http: / /ribits.usace.army.mil.
Page 2 of 2
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