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HomeMy WebLinkAbout20180212 Ver 1_401 Application_20180218February 9, 2018 U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West Fifth Street Washington, NC 27889 Attention: Ms. Krysta Stygar NC Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Attention: Ms. Karen Higgins Reference: Pre -Construction Notification: NWP No. 12/WQC No. 4133 Natural Gas Pipeline Relocation at Bridge 24 Chowan and Gates Counties, North Carolina S&ME Project No. 7435-17-063 Dear Ms. Stygar and Ms. Higgins: On behalf of Piedmont Natural Gas (PNG), S&ME, Inc. (S&ME) hereby submits this Pre -construction Notification (PCN) for temporary and permanent conversion impacts to waters of the U.S. in accordance with Nationwide Permit (NWP) No. 12 and the corresponding North Carolina Water Quality Certification (WQC) No. 4133. PNG, the project sponsor, will be considered the applicant. The project entails relocation activities associated with a segment of natural gas pipeline on the border of Chowan and Gates Counties, North Carolina, and will involve no loss of waters of the U.S. In support of this application, please find enclosed the following: Figures: Site Vicinity Exhibit (Figure 1), USGS Topographic Exhibit (Figure 2), an Chowan/Gates County Soil Survey Exhibit (Figure 3) and an Aerial Ortho Imagery Exhibit (Figure 4) Appendix I: Jurisdictional Delineation Information Appendix II: Site Photographs Appendix III: Completed Pre -Construction Notification (PCN) and Agent Authorization Form Appendix IV: Impact Drawing Appendix V: NCNHP Report and Agency Scoping Appendix VI: Mitigation Credit Availability Letter Appendix VII: Restoration and Inadvertent Return Contingency Plans A copy of this PCN is being provided to the N.C. Division of Water Resources as a courtesy. The project as proposed should comply with the relevant conditions of General Water Quality Certification No. 4133, and as such, does not require pre -construction written approval. S&ME, INC. / 9751 Southern Pine Blvd / Charlotte, NC 28273 / p 704.523.4726 f 704.525.3953 / www.smeinc.com Pre -Construction Notification S&ME Project No. 7435-17-063 Natural Gas Pipeline Relocation at Bridge 24 February 9, 2018 Although the activities described in this submittal will not result in placement of dredged or fill material and any permanent loss of waters of the U.S., 0.289 acre of forested wetlands will be converted to herbaceous wetlands to accommodate a new portion of permanently maintained easement. General Project Information PNG is planning to relocate an approximately 1,780 -linear foot segment of 10 -inch diameter natural gas pipeline (Line 208) by horizontal directional drill (HDD). The segment of gas line that will be relocated is located on the west side of NC Highway 32 (Virginia Road) on the border of Chowan and Gates Counties, North Carolina (36.329965°N, -76.634710°W). The location of the project area is depicted on the attached figures. The NC Department of Transportation (NCDOT) is planning to replace the existing bridge (Bridge 24) over Warwick Creek on Virginia Road. PNG's Line 208 natural gas transmission pipeline is currently located within the NCDOT right-of-way adjacent to the bridge. In order to relocate the portion of the pipe that will be in conflict with NCDOT's project, PNG plans to relocate the aforementioned segment to a new easement located just west of NCDOT's work area. The new pipe will be installed by horizontal directional drill (HDD) which will allow for avoidance of direct impacts to Warwick Creek and the adjacent wetlands. A loss of waters of the U.S. will not result. However, the project will involve placement of timber mats in order to provide access for timbering equipment through ponded or inundated areas, and permanent conversion of the forested wetlands within the new easement. Existing Environment The new pipe will be installed within a new 50 -foot wide permanent easement located west of Virginia Road. To minimize impacts, only 30 feet of the new easement will be cleared and permanently maintained. A periodically -inundated, riverine swamp forest occupies portions of the project area adjacent to Warwick Creek. Additional temporary workspace to accommodate the drilling equipment will be located in high ground areas on both sides of the wetlands. The site is located within the Coastal Plain Physiographic Province of North Carolina. The Coastal Plain Province is typically characterized by marine, alluvial, and eolian sediments that were deposited during periods of fluctuating sea levels and moving shorelines. The soils in this province are typical of those laid down in a shallow sloping near -shore marine environment. Alluvial sands, silts, and clays are typically present near creeks. Topography in the area is generally flat, but slopes more steeply closer towards the floodplain of Warwick Creek. Within and near wetter portions of the site, overstory vegetation included bald cypress (Taxodium distichum), swamp blackgum (Nyssa sylvatica v. biflora) and red maple (Acer rubrum). Species observed in portions of the proposed easement where standing water was not present included sweetgum (Liquidambarstyraciflua), tulip tree (Liriodendron tulipifera) and loblolly pine (Pinus taeda). Midstory vegetation included Chinese privet (Ligustrum sinense), red bay (Persea borbonio) and sweet bay (Magnolia virginica). Understory vegetation included giant cane (Arundinario gigontea), soft rush (Juncus effusus), cinnamon fern (Osmundastrum cinnamomeum), and shallow sedge (Carex lurida). Vines included laurel - leaved catbriar (Smilax laurifolia) and poison ivy (Toxicodendron radicans). 2 Pre -Construction Notification S&ME Project No. 7435-17-063 Natural Gas Pipeline Relocation at Bridge 24 February 9, 2018 Adjacent upland vegetation included loblolly pine, American holly (Ilex opaca) and sweetgum. Mid -story vegetation included Chinese privet and sweetgum. Vines included muscadine grape (Vitis rotundifolia), catbriar (S. rotundifolia) and yellow jasmine (Gelsemium sempervirens). According to the Chowan and Gates County Soil Surveys, soils mapped in the project area primarily include Dorovan muck (Typic Haplosaprists), Dogue fine sandy silt loam (Typic Hapludults), Chowan loam (Thapto-Histic Fluvaquents), Goldsboro fine sandy loam (Aquic Paleudults) and Winton fine sandy loam (Aquic Hapludults). The run of Warwick Creek flows through the project area. Warwick Creek is a perennial tributary that drains west to the Chowan River, and consists of a typical meandering, sandbed coastal plain swamp stream with a braided pattern and no clearly-defined bed and bank. On November 8, 2017, S&ME personnel visited the proposed project site to delineate jurisdictional surface waters located therein. We followed the procedures set forth in the 1987 USACE Wetlands Delineation Manual. The project is located in the Coastal Plain physiographic province. Conditions were documented using USACE Routine Wetland Determination Data Forms, as appropriate. One wetland area (WA) that abuts both sides of Warwick Creek was delineated (Figure 4). A majority of WA was characterized as a Coastal Plain riverine swamp forest. The wetland exhibited both areas of apparent semi-permanent inundation to drier areas where standing water was not present and facultative vegetation was dominant. Soils within the wetland areas were hydric and exhibited the presence of muck and a depleted matrix. Additional wetland hydrologic indicators observed included water -stained leaves, water marks and crayfish burrows. Information relative to the delineation is included in Appendix I, and photographs of typical conditions observed within the project area are included in Appendix II. Description of the Proposed Work and Impacts To install the new pipe, the HDD rig will be staged on the east side of the swamp. Temporary workspace will be established in high ground to accommodate the rig and stage the pipe. Ground disturbance from minor grading, leveling of workspace and establishment of staging and stockpile areas should be limited to high ground in this area. The HDD rig will begin drilling a pilot hole east to the TWS area established on the opposite side of the swamp. Different drill heads will then be used to widen the pilot hole to a diameter sufficient to accommodate the new pipe. Specialized fluid will be pumped into and circulated through the hole in order to prevent its collapse prior to pipe insertion. The pipe that will be used for the new line will be staged and strung in the existing farm field in the southern portion of the project area. The pipe segments will be welded together and inspected for structural integrity, then pulled through the hole drilled by the HDD rig. Once the pipe is pulled through, both ends will be welded to the existing pipe, and the old segment of pipe retired. Cleared portions of temporary workspace will be allowed to naturally re - vegetate following completion of the project. Vegetation removal within the new easement will require that mechanized timbering equipment work in the wetland area. Equipment will work on equipment mats, and timber will be hauled from the wetland and properly disposed of at a permitted landfill. Where ground disturbance occurs, affected wetlands will be seeded with a specialized native wetland seed mix. Areas within the proposed permanently maintained corridor that will be cleared of aboveground woody vegetation will be maintained in an herbaceous state. Additional temporary workspaces to be cleared will be seeded and allowed to naturally 3 Pre -Construction Notification S&ME Project No. 7435-17-063 Natural Gas Pipeline Relocation at Bridge 24 February 9, 2018 re -vegetate. Appropriate sediment and erosion control practices outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" and approved by the local governing authority will be installed to prevent sedimentation of jurisdictional features as a result of the work. Placement of some sediment and erosion control measures may be required in the wetland area during logging operations, but will not exceed the footprint of the permitted disturbance limits. Project -wide, 0.289 acre of forested wetlands will be permanently converted to herbaceous wetlands during construction. No impacts to Warwick Creek will occur. The completed PCN is included in Appendix III, and drawings that detail the proposed jurisdictional impacts are included in Appendix IV. The wetland impacts associated with the proposed project will result first from clearing and temporary placement of timber equipment mats and targeted stump removal, if necessary, to provide a level work surface and prevent extensive rutting. Following clearing, the new easement will be permanently maintained. Impacts to Warwick Creek are not anticipated, as logging equipment will either avoid the stream by working within the adjacent area from the east and west, or constructing an equipment bridge that will span the active channel. Following construction, disturbed wetlands within the easement will be restored to their original grade and contour and seeded with a native wetland seed mix. The work will not result a loss of waters of the U.S. There should be no loss of waters, as only temporary ground disturbance from equipment access and logging operations will be required. Protected Species To comply with applicable sections of the Endangered Species Act (ESA) of 1973 (16 USC 1531-1543), S&ME conducted a search of the North Carolina Natural Heritage Program (NCNHP) database to identify element occurrences (EOs) of such species listed as potentially occurring near the project corridor. A November 6, 2017 report generated from the findings of the NCNHP database review (Appendix V) indicated that there are no documented occurrences of federally -protected species within one mile of the project area. S&ME also reviewed the relevant U.S. Fish and Wildlife Service (USFWS) species descriptions pursuant to identification of potentially suitable habitat within the project corridor. Review of the FWS list database identified the following documented occurrences of federally -protected species in Chowan and Gates Counties: Table 1: Federally -Protected Species Summary 4 American alligator Alligator mississippiensis Threatened (Similarity of Appearance) Current Bald Eagle Holioeetus leucocephalus Bald/Golden Eagle Protection Act Current Northern Long-eared Bat Myotis septentrionalis Threatened Current Red Knot Calidris canutus rufa Threatened Current Red -cockaded Woodpecker Picoides borealis Threatened Current West Indian Manatee Trichechus manatus Endangered Current 4 Pre -Construction Notification S&ME Project No. 7435-17-063 Natural Gas Pipeline Relocation at Bridge 24 February 9, 2018 A copy of the NCNHP database report is included in Appendix V. Following project scoping and literature review, S&ME conducted a field assessment for the presence of federally -protected terrestrial species listed in Table 1. Descriptions of the species obtained from USFWS species descriptions, or as noted otherwise, are provided below. American Alligator Biological Determination: N/A The American alligator is listed as Threatened by the federal government because of its similarity in appearance to the American crocodile (Crocodylus acutus), which is currently limited to between 500 and 1,200 individuals in the United States, limited in range to the southern tip of Florida. It should be noted that although potential habitat for American alligator is present within and along the creek, species that are threatened due to similarity of appearance are not biologically endangered or threatened and are not subject to Section 7 consultation. Bald Eagle Biological Determination: No Effect Bald eagles were removed from the endangered species list in August 2007 because their populations recovered sufficiently. However, bald and golden eagles are still protected under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Act (Eagle Act). The bald eagle is a large raptor with a wingspan of approximately seven feet. Adult individuals of this species have a mainly dark brown plumage with a solid white head and tail. Bald eagles develop adult plumage in the fifth or sixth year. Juveniles of the species exhibit a chocolate brown to blackish plumage with occasional occurrences of white mottling on the tail, belly, and under -wings. Bald eagle's primary diet consists of fish. However, it will feed on birds, mammals, and turtles when fish are not available. The bald eagle is associated with coasts, rivers, and lakes, usually nesting near large bodies of water where it feeds. Nesting habitat in the Carolinas usually occurs in large pine trees along the edge of large bodies of water. The bald eagle is listed as a current record for Chowan County. The assessment area is not located next to a large body of water, and accordingly, does not contain suitable habitat for bald eagle. Northern Long Eared Bat Biological Determination: May Affect Not Likely to Adversely Affect The northern long-eared bat is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are actually bats noted for their small ears (Myotis means mouse - eared). During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat seems opportunistic in selecting roosts, using tree species based on suitability to retain bark or provide cavities or crevices. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. Specific areas where they hibernate have very high humidity, so much so that droplets of water are often seen on their fur. Within hibernacula, surveyors find them in small crevices or cracks, often with only the nose and ears visible. 5 Pre -Construction Notification S&ME Project No. 7435-17-063 Natural Gas Pipeline Relocation at Bridge 24 February 9, 2018 The project area is located greater than five miles away from a HUC that contains known NLEB hibernacula and/or maternity roost trees, and will involve a relatively minor amount (less than 1.25 acre) of tree clearing. Accordingly, it is not likely that this species will be adversely affected as a result of this project. Red Knot Biological Determination: No Effect The red knot is a medium-sized shorebird with a small head and eyes, a short neck and a slightly tapering bill that is no longer than its head. It has short dark legs and a medium thin dark bill. The winter, or basic, plumage becomes uniformly pale grey, and is similar between the sexes. The alternate, or breeding, plumage is mottled grey on top with a cinnamon face, throat and breast and light-colored rear belly. The alternate plumage of females is similar to that of the male except it is slightly lighter and the eye -line is less distinct. It makes one of the longest yearly migrations of any bird, traveling 15,000 km (9,300 mi) from its Arctic breeding grounds to Tierra del Fuego in southern South America. Red know breeds in drier tundra areas, such as sparsely vegetated hillsides. Outside of breeding season, it is found primarily in intertidal, marine habitats, especially near coastal inlets, estuaries, and bays. Because the project area does not consist of an estuary or bay, the proposed project should not affect this species. Source: Baker, Allan; Gonzalez, Patricia; Morrison, R.I.G.; Harrington, Brian A. (2013). Poole, A., ed. "Red Knot (Calidris canutus)". The Birds of North America Online. Ithaca: Cornell Lab of Ornithology. Red -cockaded Woodpecker Biological Determination: No Effect Red -cockaded woodpecker measures approximately seven inches long and have black and white horizontal stripes on its back. The cheeks and underparts are white and the sides are streaked in black. The cap and stripe on the throat and neck of the bird are black. Male individuals of the species have a small red spot on each side of the black cap and display a red crown patch after the first post -fledgling molt. The woodpecker's diet consists primarily of insects. Red -cockaded woodpecker's range is closely linked to the distribution of mature stands of southern pines. Longleaf and loblolly pines that are 60 years old or greater are most commonly selected for nesting and roosting trees. The woodpecker excavates nest and roost cavities in trees that are stressed, and often are infected with red -heart rot fungus. Preferred nesting sites generally include relatively open, park -like, mature pine stands with a suppressed mid -story layer. Suppression of the mid -story by fire or mechanical means in mature pine stands promotes colonization by the red -cockaded woodpecker. Foraging habitat is frequently limited to pine or pine -hardwood stands that are 30 years old or greater with a preference for pine trees with a diameter of 10 inches or larger. Dense hardwood mid -story hampers foraging by red -cockaded woodpecker and increases the occurrence of cavity competitors. The USFWS indicates that the maximum foraging radius from a colony site for red -cockaded woodpecker's is typically one-half mile or less. The project area was visually assessed for the presence of potential red -cockaded woodpecker foraging and nesting habitat during the November 8, 2017 field review. No suitable nesting habitat was observed within or adjacent to the project area. Forested portions of the project area that contained pines exhibited a dense understory. Given the lack of suitable habitat within the project area, the red -cockaded woodpecker should not be affected as a result of this project. No Pre -Construction Notification S&ME Project No. 7435-17-063 Natural Gas Pipeline Relocation at Bridge 24 February 9, 2018 West Indian Manatee Biological Determination: No Effect The West Indian manatee is a large marine mammal reaching approximately 10 feet in length. The front limbs are flipper -like, there are no rear limbs, and the tail is rounded, flat, and paddle-like. Manatees are gray or brown in color with a rounded head and whiskers around the mouth. Manatees are generally seen in North Carolina passing through only during the summer months for feeding. They are most common on the Florida Gulf Coast, where year-round warm water temperatures provide more suitable habitat. The pipeline will be installed beneath Warwick Creek by HDD methods to avoid impacts. Therefore, the proposed project is not anticipated to affect this species. Scoping letters detailing the proposed project were also provided to the FWS and the NC Wildlife Resources Commission (NCWRC) on November 10, 2017. To date, no response from NCWRC has been received. The FWS (John Ellis) responded with a November 13, 2017 email communication stating that in - water activities should be avoided during the anadromous fish spawning moratorium (February 15 — June 30). FWS followed up with a November 22, 2017 letter stating that the project was unlikely to adversely affect protected species or their critical habitat, and that the requirements of Section 7(a)(2) had been satisfied. It should be noted that the NCWRC identifies Warwick Creek as an Anadromous Fish Spawning Area (AFSA) from Highway 32 to the Chowan River. No impacts to Warwick Creek will occur, as the proposed pipeline will be installed beneath the creek by HDD. Historic Resources Projects requiring a federal permit must also comply with Section 106 of the National Historic Preservation Act (NHPA) of 1966. Portions of the proposed project area were surveyed for archaeological resources in anticipation of the bridge relocation (NC Department of Transportation Project No. B-5507). As a result of this work, one historic cemetery (31C0187) was identified adjacent to the subject project area. While the site is not considered eligible for listing in the National Register of Historic Places, recorded cemeteries are treated under Chapter 65 of the NC General Statutes. S&ME provided a scoping letter detailing the currently proposed project to the State Historic Preservation Office (SHPO) on November 10, 2017. SHPO responded with a November 30, 2017 letter recommending that portions of the project area not covered by the earlier survey prepared for NCDOT, specifically the area south of the creek, be subject to a comprehensive archaeological investigation. Accordingly, S&ME conducted an archaeological survey of project area, along with two separate bridge relocation projects (Bridges 20 and 21) during the week of December 18, 2017. During the survey, the limits of the existing cemetery were identified. Current plans for the HDD drawback area and limits of disturbance have the edge of the project area approximately 40 feet west and 66 feet south of the edge of the cemetery. There is no indication that unmarked graves are present between the edge of the cemetery and the proposed project area and the area around the cemetery will not be used for staging or temporary work space. Results of the Bridge 24 survey were included in a January 25, 2018 report and provided to SHPO. As the project is proposed and with the avoidance measures have been established, S&ME recommended that no additional work at site 31 CO187** is necessary. We understand that the USACE will complete 7 Pre -Construction Notification S&ME Project No. 7435-17-063 Natural Gas Pipeline Relocation at Bridge 24 February 9, 2018 consultation with that agency. An electronic copy of the full report was previously provided to the USACE (Krysta Stygar) in connection with the Bridge 20 Relocation Project. Avoidance And Minimization Impacts will be minimized by PNG's use of HDD to install the new pipe, and reduction of the width of the permanently -maintained easement to 30 feet through the wetland. Impacts will be further minimized by use of appropriate sediment and erosion control measures during construction, and restoration of affected areas following completion of the work. Additionally, construction equipment operating within wetlands will be limited to that necessary for clearing and restoration activities. PNG considered utilizing "drop and chop" methods whereby mechanized equipment would not be utilized to clear the new easement, and the felled timber would be allowed to remain in the easement. While clearing in this manner would not require a permit from the USACE, experience with this method in the past indicated that the remaining felled timber inhibited aerial leak detection and access. Accordingly, removal of the timber by mechanical means is the most viable option available. Mitigation The project will not result in a loss of waters of the U.S., but will result in conversion of 0.289 acre of forested wetlands to herbaceous wetlands. Mitigation has been provided by avoidance and minimization procedures implemented during the design phase of the proposed project. Because the project will not result in placement of permanent fill material in wetlands or streams, NCDWR does not require mitigation. However, based on our experience with similar projects, we understand that the USACE makes mitigation requirements for projects that involve only wetland conversion on a case-by-case basis. In the event that the USACE requires compensatory mitigation, PNG proposes to satisfy that requirement through purchase of 0.289 acre of credit in the appropriate HUC (Chowan 03010203) from the NC Division of Mitigation Services (DMS). DCM was contacted and sufficient riparian credits are available. A copy of the mitigation availability letter is included in Appendix VI. The project will comply with applicable conditions of NWP No.12 and WQC No. 4133, and will not result in changes in pre -construction elevation contours or affect dimension, pattern or profile of the wetland area or associated creek. Affected portions of the wetland area will be restored in accordance with the attached Restoration Plan (Appendix VII) following completion of the work. Closing Thank you for your review of this PCN. If you have questions or need additional information, please feel free to contact us at 704.523.4726. Sincerely, 5&ME Joey Lawler, P.W.S. Project Manager Senior Review by Jason S. Reeves, P.E. — Senior Engineer H; Figures lb 4t I da SEE IMPACT DRAWING IN APPENDIX IV FOR DETAILS E-13 LU Lu '7' IL lb 4t I da SEE IMPACT DRAWING IN APPENDIX IV FOR DETAILS E-13 Appendix I: Jurisdictional Delineation Information Preliminary ORM Data Entry Fields for New Actions SAW — 201 - Prepare file folder 1. Project Name [PCN Form A2a]: BEGIN DATE [Received Date]: Assign Action ID Number in ORM ❑ 2. Work Type: Private ❑ Institutional ❑ Government ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: 4. Property Owner/ Applicant [PCN Form A3 or A4]: 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: 6. Related Action ID Number(s) [PCN Form 135b]: Commercial ❑ 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 8. Project Location - Tax Parcel ID [PCN Form 131a]: 9. Project Location — County [PCN Form A2b]: 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: 11. Project Information — Nearest Waterbody [PCN Form 132a]: 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑Standard Permit Nationwide Permit # ❑ Regional General Permit # ❑ Jurisdictional Determination Request Section 10 & 404 ❑Pre -Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: North side of NC Highway 32/Virginia Road City, State: County: North of Edenton, NC Chowan Parcel Index Number(s) (PIN): B. REQUESTOR INFORMATION Name: S&ME, Inc. Mailing Address: 9751 Southern Pine Blvd Charlotte, NC 28273 Telephone Number: 704.604.6474 Electronic Mail Address: jlawler@smeinc.com Select one: I am the current property owner. ✓� I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Piedmont Natural Gas Mailing Address: 4720 Piedmont Row Drive Charlotte NC 28210 Telephone Number: 704.731.4245 Electronic Mail Address: Sanu.Odugbesan@duke-energy.com ' Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. See attached Agent Authorization Form Print Name Capacity: ❑ Owner ❑ Authorized Agent' Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. [✓ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑� I am requesting that the Corps provide a preliminarX JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 4.05 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 36.329965° Longitude: 76.634710 ° A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. aCompleted Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Re ulatory-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request aCompleted appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) ❑� Landscape Photos (if taken) ❑ NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms FOther Assessment Forms ' www.saw.usace.gM.mil/Portals/59/docs/re ug latorregdocs/JD/RGL 08-02_ App _ A_ Prelim_ JD_ Form_fillable.pdf ' Please see http://www.saw.usace.army.mil/Missions/Re ug latory-Permit-Proaram/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 02.01.2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Joey Lawler of S&ME, Inc. 9751 Southern Pine Blvd., Charlotte, NC 28273 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Chowan/Gates City: Tyner/Hobbsville Center coordinates of site (lat/long in degree decimal format): Lat.: 36.329965°N Long.: -76.634710°W Universal Transverse Mercator: NAD83 Name of nearest waterbody: Warwick Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALTHAT APPLY): Office (Desk) ❑ Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Waters Cowardin HGM Area Linear Waters Lat Lon Local Name Code Code (acres) (ft) Types (nad83) (nad83) Waterway Wetland A PF01 Riverine 0.556 RPWWD 36.329596 -76.634456 Warwick Creek Warwick R3UB2 Riverine 50 RPW 36.329965 -76.634710 Warwick Creek Creek 1) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1982 Mintonsville, NC USGS topographic quadrangle, 1:24,000 scale. ® USDA Natural Resources Conservation Service Soil Survey. Citation: 1986 USDA -SCS published Soil Survey of Chowan & Perquimans County, NC (1986) and Gates County (1996). ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 2016 NCOneMap aerial ortho-imagery layer. or ® Other (Name & Date): Site photos taken November 8, 2017. ® Previous determination(s). File no. and date of response letter: ❑Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Signature and date of person requesting Regulatory Project Manager preliminary JD (REQUIRED, unless obtaining (REQUIRED) the signature is impracticable)' 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. USACE Waters Upload Sheet Natural Gas Pipeline Relocation at Bridge 20 SME Project No. 7435-17-063 Waters—Name Cowardin_ HGM Code Code — Area Linear (ft) Waters Types Latitude (acres) (dd nad83) Longitude Local—Waterway (dd nad83) Wetland A PFO1 Riverine 0.56 RPWWD 36.32960 -76.63446 Warwick Creek Warwick Creek R3UB2 Riverine 50 RPW 36.32997 -76.63471 Warwick Creek WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region Project/Site: PNG Line 208 HDD Crossings City/County: Mintonsville/Chowan Sampling Date: 08 -Nov -17 Applicant/ Owner: Piedmont Natural Gas State: NC Sampling Point: WA -Wet Investigator(s): Joey Lawler Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): concave Slope: 0,0 % / 0,0 ° Subregion (LRR or MLRA): LRR T Lat.: 36.329154 Long.: -76.634384 Datum: NAD83 Soil Map Unit Name: Dorovan muck, 0-2 percent slopes, frequently flooded NWI classification: N/A Are climatic/ hydrologic conditions on the site typical for this time of year? Yes CO) No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes CP) No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Y Yes No O Yes NO O Wetland Hydrology Present? Yes O' No O' within a Wetland? Remarks: ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (B16) HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of 2 required) Primary Indicators (minimum of one required; check all that apply) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ Aquatic Fauna (B13) ❑ Sparsely Vegetated Concave Surface (B8) d❑ High Water Table (A2) ❑ Marl Deposits (B15) (LRR U)d❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) d❑ Oxidized Rhizospheres along Living Roots (0) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Presence of Reduced Iron (C4)d❑ Crayfish Burrows (C8) ❑ Drift Deposits (B3) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Thin Muck Surface (0) ❑ Geomorphic Position (D2) ❑ Iron Deposits (B5) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (B7)d❑ FAC -Neutral Test (D5) ❑ Water -Stained Leaves (B9) ❑ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes O No O Depth (inches): Water Table Present? Yes OO No O Depth (inches): 6 Yes O No O Saturation Present?Wetland Yes O No Depth (inches): Hydrology Present? (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 VEGETATION (Five/Four Strata) - Use scientific names of plants. Dominant C .. ,io.7 Sapling or Sapling/Shrub Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 50% of Total Cover: 0 20% of Total Cover: 0 Shrub Stratum (Plot size: 50 ft. x 50 ft. ) 1 , Ligustrum sinense 2 Ilex opaca 3. 4. 5. 6. 50% of Total Cover: 25 20% of Total Cover: 10 Herb Stratum (Plot size: 50 ftx 50 ft. ) 1 , Woodwardia areolata 2.Onoclea sensibills 3. Microsteglum vimineum 4. 5. 6. 7. 8. 9. 10. 11. 12. 50% of Tota I Cover: 20 20% of Tota I Cover: 8 0 0 0 0 0 0 0 0 0 40 30 0 0 0 0 50 20 10 10 0 0 0 0 0 0 0 0 0 40 Woody Vine Stratum (Plot size: ) 1 Smilax rotundifolia 10 2. Smilax glauca 10 3. Lonicera japonica 5 4. Toxicodendron radicans 5 5. 0 50% of Total Cover: 15 20% of Total Cover: 6 30 Remarks: (If observed, list morphological adaptations below). ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% = Total Cover Sampling Point: WA - Wet Indicator Dominance Test worksheet: Absolute Rel.Strat. Tree Stratum (Plot size: 50 ft. x 50 ft. ) % Cover Cover 1 Acer rubrum 20 Total Number of Dominant 26.7% 2. Nyssa aquatica 20❑ FAC 26.7% 3. Morella cerifera 15 x 5 = 20.0% 4. Liquidambar styraciflua 10 ❑ 13.3% 5. Taxodium distichum 5 ❑ 6.7% 6. Fagus grandifolia 5 ❑ 6.7% 7. 0 ❑ 0.0% 8, 0 ❑ 0.0% 50% of Total Cover: 37.5 20% of Total Cover: 15 75 = Total Cover Sapling or Sapling/Shrub Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 50% of Total Cover: 0 20% of Total Cover: 0 Shrub Stratum (Plot size: 50 ft. x 50 ft. ) 1 , Ligustrum sinense 2 Ilex opaca 3. 4. 5. 6. 50% of Total Cover: 25 20% of Total Cover: 10 Herb Stratum (Plot size: 50 ftx 50 ft. ) 1 , Woodwardia areolata 2.Onoclea sensibills 3. Microsteglum vimineum 4. 5. 6. 7. 8. 9. 10. 11. 12. 50% of Tota I Cover: 20 20% of Tota I Cover: 8 0 0 0 0 0 0 0 0 0 40 30 0 0 0 0 50 20 10 10 0 0 0 0 0 0 0 0 0 40 Woody Vine Stratum (Plot size: ) 1 Smilax rotundifolia 10 2. Smilax glauca 10 3. Lonicera japonica 5 4. Toxicodendron radicans 5 5. 0 50% of Total Cover: 15 20% of Total Cover: 6 30 Remarks: (If observed, list morphological adaptations below). ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% = Total Cover Sampling Point: WA - Wet Indicator Dominance Test worksheet: Status Number of Dominant Species Multiply FAC That are OBL, FACW, or FAC: x 1 = OBL Total Number of Dominant x 2 = FAC Species Across All Strata: x 3 = FAC Percent of dominant Species That Are OBL, FACW, or FAC OBL 40 FACU x 5 = ❑� 80.0% FAC ❑ 20.0% FAC ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% = Total Cover d❑ 50.0% OBL �/❑ 25.0% FACW ❑ 25.0% FAC ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% = Total Cover ❑ 33.3% FAC ❑ 33.3% FAC ❑ 16.7% FACU ❑ 16.7% FAC ❑ 0.0% = Total Cover *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. 10 (A) 10 (B) 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 45 x 1 = 45 FACW species 10 x 2 = 20 FAC species 130 x 3 = 390 FACU species 10 x 4 = 40 UPL species 0 x 5 = 0 column Totals: 195 (A) 495 (B) Prevalence Index = B/A = 2.538 Hydrophytic Vegetation Indicators: ❑ 1 - Rapid Test for Hydrophytic Vegetation d❑ 2 - Dominance Test is > 50% ❑ 3 - Prevalence Index is <_3.0 1 ❑ Problematic Hydrophytic Vegetation 1 (Explain) 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definition of Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Shrub - Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb - All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine - All woody vines, regardless of height. Hydrophytic Vegetation Present? Yes ''•' No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: WA -Wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvne 1 Locz Texture 0-6 10YR 3/1 100 Sandy Loam 6-16 10YR 5/1 95 10YR 5/6 5 C PL Loam 1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains zLocation: PL=Pore Lining. M=Matrix Remarks Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: ❑ Histosol (Al) ❑ Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) ❑ Histic Epipedon (A2) ❑ Thin Dark Surface (S9) (LRR S, T, U) ❑ 2 cm Muck (ASO) (LRR S) ❑ Black Histic (A3) ❑ Loamy Mucky Mineral (Fl) (LRR 0) ❑ Reduced Vertic (F18) (outside MLRA 150A,B) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) ❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) ❑ Stratified Layers (A5) M Depleted Matrix (F3) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 153B) ❑ Organic Bodies (A6) (LRR P, T, U) ❑ Redox Dark Surface (F6) ❑ Red Parent Material (TF2) ❑ 5 cm Mucky Mineral (A7) (LRR P, T, U) ❑ Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (TF12) ❑ Muck Presence (A8) (LRR U) ❑ Redox Depressions (F8) ❑ Other (Explain in Remarks) ❑ 1 cm Muck (A9) (LRR P, T) ❑ Marl (F10) (LRR U) ❑ Depleted Below Dark Surface (All) ❑ Depleted Ochric (Fll) (MLRA 151) ❑ Thick Dark Surface (Al2) ❑ Iron -Manganese Masses (F32) (LRR 0, P, T) ❑ Coast Prairie Redox (A16) (MLRA 150A) ❑ Umbric Surface (F13) (LRR P, T, U) ❑ Sandy Muck Mineral (Sl) (LRR 0, S) ❑ Delta Ochric (1`17) (MLRA 151) ❑ Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (1`18) (MLRA 150A, 150B) 3Indicators of hydrology mushydrophytic vegetation and wetland hydrology must be present, ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (1`19) (MLRA 149A) unless disturbed or problematic. ❑ Stripped Matrix (S6) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches):_ Remarks: Hydric Soil Present? Yes * No O US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region Project/Site: PNG Line 208 HDD Crossings City/County: Mintonsville/Chowan Sampling Date: 08 -Nov -17 Applicant/ Owner: Piedmont Natural Gas State: NC Sampling Point: WA -Up Investigator(s): Joey Lawler Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): concave Slope: 0.5 % / 0.3 ° Subregion (LRR or MLRA): LRR T Lat.: 36.329067 Long.: -76.634345 Datum: NAD83 Soil Map Unit Name: Dogue fine sandy loam, 2-6 percent slopes, frequently flooded NWI classification: N/A Are climatic/ hydrologic conditions on the site typical for this time of year? Yes CO) No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes CP) No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes * No Is the Sampled Area Hydric Soil Present? Y Yes O No Yes NO Wetland Hydrology Present? Yes O No 0'' within a Wetland? Remarks: ❑ Marl Deposits (B15) (LRR U) HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of 2 required) Primary Indicators (minimum of one required; check all that apply) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ Aquatic Fauna (B13) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Marl Deposits (B15) (LRR U) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) ❑ Drift Deposits (B3) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Thin Muck Surface (0) ❑ Geomorphic Position (D2) ❑ Iron Deposits (B5) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (B7) ❑ FAC -Neutral Test (D5) ❑ Water -Stained Leaves (B9) ❑ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes O No O Depth (inches): Water Table Present? Yes O No OO Depth (inches): Yes O No O Saturation Present?Wetland Yes O No Depth (inches): Hydrology Present? (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 VEGETATION (Five/Four Strata) - Use scientific names of plants. Dominant C .. ,io.7 Sampling Point: WA - Up _ 7. Absolute Rel.Strat. Indicator Dominance Test worksheet: Prevalence Index worksheet: Tree Stratum (Plot size: 50 ft. x 50 ft. ) % Cover 0 Cover Status 2. Toxicodendron radicans Total % Cover of: Multiply by: 50% of Total Cover: 20 20% of Total Cover: 8 40 =Total Cover 3. Lonicera japonica OBL species 0 x 1 = 0 Number of Dominant Species ) 1 . Acer rubrum 20 FACW species 0 x 2 = 0 50.0% FAC That are OBL, FACW, or FAC: 9 (A) 2. Uquidambar styraciflua 10 ❑ 25.0% FAC 33.3% 3. Pinus taeda 10 Vegetation 25.0% FAC Total Number of Dominant UPL species 0 x 5= 0 4. 0 ❑ o.o% Species Across All Strata: 10 (B) 4. 0 ❑ 0.0% 5. 0 ❑ 0.0% Prevalence Index = B/A = 3.059 Percent of dominant Species o Ll 0.0% ❑ 7. That Are OBL, FACW, or FAC: 90.0% (A/B) 6. 0.0% o Hydrophytic Vegetation Indicators: o.o°r° 0 ❑ 7. 0 ❑ 0.0% Prevalence Index worksheet: 8, 0 ❑ 0.0% 2. Toxicodendron radicans Total % Cover of: Multiply by: 50% of Total Cover: 20 20% of Total Cover: 8 40 =Total Cover 3. Lonicera japonica OBL species 0 x 1 = 0 Sapling or Sapling/Shrub Stratum (Plot size: ) FACU 4 Smilax glauca FACW species 0 x 2 = 0 1. Ligustrum sinense 12.5% 20❑ 66.7% FAC FAC species 160 x 3 = 480 2. Pinus taeda 10 33.3% FAC FACU species 10 x 4 = 40 3, Vegetation 0 ❑ o.o% UPL species 0 x 5= 0 4. 0 ❑ o.o% column Totals: 170 (A) 520 (B) 5. o ❑ o.o Prevalence Index = B/A = 3.059 6. o Ll 0.0% 7. 0 ❑ 0.0% Hydrophytic Vegetation Indicators: 8, 0 ❑ 0.0% ❑ 1 -Rapid Test for Hydrophytic Vegetation 50% of Total Cover: 15 20% of Total Cover: 6 30 = Total Cover 0 2 - Dominance Test is > 50% Shrub Stratum (Plot size: ) ❑ 3 - Prevalence Index is <_3.0 t 1. Ligustrum sinense 40❑ 66.7% FAC ❑ Problematic Hydrophytic Vegetation 1 (Explain) 2 Ilex opaca 20 33.3% FAC 3, 0 ❑ 0.0% i Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 4, o ❑ 0.0% 5. 0 ❑ 0.0% Definition of Vegetation Strata: 6. 0 ❑ 0.0% Tree - Woody plants, excluding woody vines, 50% of Total Cover: 30 20% of Total Cover: 12 60 = Total Cover approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Herb Stratum (Plot size: ) 1 0 ❑ 0.0% Sapling - Woody plants, excluding woody vines, . approximately 20 ft (6 m) or more in height and less 2. 0 ❑ 0.o% than 3 in. (7.6 cm) DBH. 3. o ❑ 0.0% 4. 0 ❑ 0.0% Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. 5. 0 ❑ 0.0% 6. 0 ❑ 0.0% Shrub - Woody plants, excluding woody vines, 7. 0 ❑ 0.0% approximately 3 to 20 ft (1 to 6 m) in height. 8. 0 ❑ 0.0% 9. 0 ❑ 0.0% Herb - All herbaceous (non -woody) plants, including ❑ herbaceous vines, regardless of size, and woody 1 Q. 0 0.0% plants, except woody vines, less than approximately 11. 0 ❑ 0.0% 3 ft (1 m) in height. 12. 0 ❑ 0.0% 50% of Total Cover: 0 20% of Total Cover: 0 0 = Total Cover Woody vine - All woody vines, regardless of height. Woody Vine Stratum (Plot size: ) 1 . Smilax rotundifolia 15❑ 37.5% FAC 2. Toxicodendron radicans 10❑ 25.0% FAC 3. Lonicera japonica 10d❑ 25.0% FACU 4 Smilax glauca 5 ❑ 12.5% FAC 5. 0 ❑ 0.0% Hydrophytic - Vegetation 50% of Total Cover: 20 20% of Total Cover: 8 40 = Total Cover Present? Yes `• No Remarks: (If observed, list morphological adaptations below). *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: WA- UD Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvne 1 Locz Texture 0-4 10YR 4/2 100 Loamy Sand 4-16 10YR 5/1 100 Loamy Sand 1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains zLocation: PL=Pore Lining. M=Matrix Hydric Soil Indicators: ❑ Histosol(A1) ❑ Histic Epipedon (A2) ❑ Black Histic (A3) ❑ Hydrogen Sulfide (A4) ❑ Stratified Layers (A5) ❑ Organic Bodies (A6) (LRR P, T, U) ❑ 5 cm Mucky Mineral (A7) (LRR P, T, U) ❑ Muck Presence (A8) (LRR U) ❑ 1 cm Muck (A9) (LRR P, T) ❑ Depleted Below Dark Surface (All) ❑ Thick Dark Surface (Al2) ❑ Coast Prairie Redox (A16) (MLRA 150A) ❑ Sandy Muck Mineral (Sl) (LRR 0, S) ❑ Sandy Gleyed Matrix (S4) ❑ Sandy Redox (S5) ❑ Stripped Matrix (S6) ❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches):_ Remarks: Remarks ❑ Marl (F10) (LRR U) ❑ Depleted Ochric (Fll) (MLRA 151) ❑ Iron -Manganese Masses (F32) (LRR 0, P, T) ❑ Umbric Surface (F13) (LRR P, T, U) ❑ Delta Ochric (1`17) (MLRA 151) ❑ Reduced Vertic (1`18) (MLRA 150A, 150B) 3Indicators of hydrology mushydrophytic vegetation and wetland hydrology must be present, ❑ Piedmont Floodplain Soils (1`19) (MLRA 149A) unless disturbed or problematic. ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) Hydric Soil Present? Yes O No 0 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 Indicators for Problematic Hydric Soils3: ❑ Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) ❑ Thin Dark Surface (S9) (LRR S, T, U) ❑ 2 cm Muck (ASO) (LRR S) ❑ Loamy Mucky Mineral (Fl) (LRR 0) ❑ Reduced Vertic (F18) (outside MLRA 150A,B) ❑ Loamy Gleyed Matrix (F2) ❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) ❑ Depleted Matrix (F3) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 153B) ❑ Redox Dark Surface (F6) ❑ Red Parent Material (TF2) ❑ Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (TF12) ❑ Redox Depressions (F8) ❑ Other (Explain in Remarks) ❑ Marl (F10) (LRR U) ❑ Depleted Ochric (Fll) (MLRA 151) ❑ Iron -Manganese Masses (F32) (LRR 0, P, T) ❑ Umbric Surface (F13) (LRR P, T, U) ❑ Delta Ochric (1`17) (MLRA 151) ❑ Reduced Vertic (1`18) (MLRA 150A, 150B) 3Indicators of hydrology mushydrophytic vegetation and wetland hydrology must be present, ❑ Piedmont Floodplain Soils (1`19) (MLRA 149A) unless disturbed or problematic. ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) Hydric Soil Present? Yes O No 0 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 Appendix II: Site Photographs i7s View of existing pipeline along Hwy 32 facing south. View of stream (Warwick Creek). Typical soil pedon taken from high ground area. r No.: 7435-17-063 1 7 i View of upland area adjacent to WA. View of WA near creek. Typical soil pedon taken from WA. PIPELINE SITE BRIDGE 24 PHOTOGRAPHS unties, NC Photo Page 1 of 1 Appendix III: Completed Pre -Construction Notification (PCN) and Authorization to Act as Agent O�OF W A -rf? Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 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 1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? FE 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 1h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes ❑ No 2. Project Information 2a. Name of project: PNG Line 208 Relocation at Bridge 24 2b. County: Chowan/Gates 2c. Nearest municipality / town: Tyner/Hobbsville 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: 1: James Robert Hendrix; 2 and 3: Elton L. Winslow Sr. ; 3b. Deed Book and Page No. 1: Will Book G Pg 245; 2: DB 284 Pg 493; 3: DB 337 Pg 185 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1: 4247 Virginia Rd; 2:South NC Hwy 32/37; 3: 1589 NC 32 South 3e. City, state, zip: 1: Tyner, NC 27980; 2 and 3: Hobbsville, NC 27946 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Utility Company 4b. Name: Sanu Odugbesan 4c. Business name (if applicable): Piedmont Natural Gas 4d. Street address: 4720 Piedmont Row Drive 4e. City, state, zip: Charlotte N.C. 28210 4f. Telephone no.: 704.731.4246 4g. Fax no.: 4h. Email address: sanu.odugbesan@piedmontng.com 5. Agent/Consultant Information (if applicable) 5a. Name: Joey Lawler, P.W.S. 5b. Business name (if applicable): S&ME, Inc. 5c. Street address: 9751 Southern Pine Boulevard 5d. City, state, zip: Charlotte, N.C. 28723 5e. Telephone no.: 704.523.4726 5f. Fax no.: 704.525.3853 5g. Email address: jlawler@smeinc.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Project is a linear utility replacement project and will occur on multiple parcels. Latitude: 36.329965° Longitude: - - 1 b. Site coordinates (in decimal degrees): 76.634710° (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: — 4.05 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Warwick Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C;NSW; DWR Index No. 25-18-2 2c. River basin: Chowan - 03010203 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 project area is located on the west side of NC Highway 32 (Virginia Road) at the Chowan/Gates County Line, North Carolina. 3b. List the total estimated acreage of all existing wetlands on the property: — 0.560 acre in 50' easement ; 0.289 acre in 30' easement. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 50 liner feet of Warwick Creek is located the project area. 3d. Explain the purpose of the proposed project: The NC Department of Transportation (NCDOT) is planning to replace the existing bridge (Bridge 24) over Warwick Creek on Virginia Road. PNG's Line 208 natural gas transmission pipeline is currently located within the NCDOT right-of- way adjacent to the bridge. In order to relocate the portion of the pipe that will be in conflict with NCDOT's project, PNG plans to relocate the aforementioned segment to a new easement located west of NCDOT's work area. The new pipe will be installed by horizontal directional drill (HDD) which will allow for avoidance of direct impacts to Warwick Creek and the adjacent wetlands 3e. Describe the overall project in detail, including the type of equipment to be used: The new pipe will be installed within a new 50 -foot wide permanent easement located west of Virginia Road. To minimize impacts, only 30 feet of the new easement will be cleared and permanently maintained. The HDD rig will begin drilling a pilot hole east to the TWS area established on the opposite side of the swamp. Different drill heads will then be used to widen the pilot hole to a diameter sufficient to accommodate the new pipe. Specialized fluid will be pumped into and circulated through the hole in order to prevent its collapse prior to pipe insertion. The pipe that will be used for the new line will be staged and strung in the existing farm field in the southern portion of the project area. The pipe segments will be welded together and inspected for structural integrity, then pulled through the hole drilled by the HDD rig. Once the pipe is pulled through, both ends will be welded to the existing pipe, and the old segment of pipe retired. Cleared portions of temporary workspace will be allowed to naturally re -vegetate following completion of the project. Vegetation removal within the new easement will require that mechanized timbering equipment work in the wetland area. Equipment will work on timber mats. Timber will be hauled from the wetland and properly disposed of at a permitted landfill. Where ground disturbance occurs, affected wetlands will be seeded with a specialized native wetland seed mix. Areas within the proposed permanently maintained corridor that will be cleared of woody vegetation will be maintained in an herbaceous state. Additional temporary workspaces to be cleared will be seeded and allowed to naturally re -vegetate. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes El No ®Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Note: Jurisdictional waters were delineated by SWE on November 8, 2017. Information related to the delineation is included in Appendxi I. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. N/A Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ®P❑T WA.1 - Perm. Riverine Swamp ® Yes ® Corps 0.017 conversion Forest El No ®DWQ W2 ®P❑T WA.2 - Perm. Riverine Swamp ® Yes ® Corps 0.272 conversion Forest El No ®DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.289 2h. Comments: Temporary disturbance will occur in this area during clearing of the new easement, followed by permanent maintenance, resulting in conversion of forested wetlands to herbaceous wetlands. 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 ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ 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 3i. Comments: No stream impacts will occur. Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑ PEI T 03 ❑ PEI T 04 ❑ PEI T 4f. Total open water impacts 4g. Comments: No open -water impacts will occur. 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 ❑Tar -Pamlico El 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 re uired? 131 ❑P❑T F-1 Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: N/A Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. To minimize impacts to wetlands and avoid impacts to the creek, PNG will install the pipe via HDD methods. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Equipment operating within wetlands will be limited to that necessary for timbering and restoration activities. Equipment will work from timber mats in areas where rutting or extensive soil disturbance is expected to occur. Appropriate sediment and erosion control measures will be employed. 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 ®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: 0 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0.289 acres 4f. Non -riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: See attached letter from NC DMS (Appenbdix VI) 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. N/A Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). N/A 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Project is a linear utility project. Easement will not result in additonal ❑ Yes ® No imperveous surface. 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: Installation of the pipe will not result in additional impervious surface. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A ❑ 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? ❑ 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 (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ 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)? 1 c. 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 letter.) ❑ Yes ❑ No Comments: N/A 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): N/A 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. The project is not considered "growth -inducing" in that its purpose to replace a segment of an existing utility line with a new line of the same diameter. 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. Aside from hydrostatic test water, which will be discharged through a dewatering device located in high ground, the project will not generate waste water. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ 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? See cover letter and Appendix V. 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? http://portal.ncdenr.org/web/mf/afsa-maps 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? See cover letter. A scoping letter was provided to SHPO and an archaeological assessment of the project area conducted. Results of the assessment were provided to SHPO in a January 25, 22018 report. No sites eligible for listing on the National Register of Historic Places were identified. 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: The project will comply with FEMA regulations. 8c. What source(s) did you use to make the floodplain determination? Available FEMA mapping Joey Lawler, P.W.S. 02.09.18 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM Date: Pro ect Information S&ME Project Name: PNG Line 208 Replacement Projects — Bridges 20, 21 and 24 Type of Project: Natural Gas Pipeline Relocation Project Location: NC Highway 32 (Virginia Road), Chowan / Gates Counties, NC Property owner/Rep Intormation Business Name: Piedmont Natural Gas (PNG) Mailing Address: 4720 Piedmont Row Drive City, State, Zip Code: Charlotte, NC 28210 Telephone No. "70't -73 2- Pa r �y Contact:San 16A Od b za PIv Agent inrormation Business Name: I Street Address: City, State, Zip: Telephone No. Contact: S&ME, Inc. 9751 Southern Pine Blvd Charlotte, NC 28273 704.523.4726 Joey Lawler, PWS it SGLMA Dd kAT(A n on behalf of PNG, hereby Authorization: authorize S&ME, Inc. to submit information to the US Army Corps of Engineers (USACE), the NC Division of Water Resources (DWR) and the NC Division of Coastal Management (DCM) pursuant to obtaining necessary environmental permits for the project referenced above. If applicable, this also authorizes the USACE/DWR/DCM to access the project area (PNG easement) with prior notification for the purposes of conducting site assessment/confirming the accuracy of the delineated boundaries. Signature: S&ME, INC. / 9751 Southern Pine Blvd / p 704.523.4726 f 704.525.3953 / wwwsmeinc.com Appendix IV: Impact Drawing SITE 2 y� � 1 �pHpW 1 4y f/ l GLIA SITE VICINITY MAP (NOT TO —G— N LINE TABLE LINE BEARING LENGTH L1 S64°2948'W 5.84' L2 N62004'33'W 22.23' L3 S79040'26'W 7.78' L4 N36615'21"E 6.79' L5 NO2°12'21"E 19.84' L6 N46048'56W 16.87' L7 N56034'35'W 2.46' L8 S73050'21"E 12.43' L9 S56057'37"E 2830' L10 S74055'231pW 1.38' LINE TABLE LINE BEARING LENGTH L11 S89025'28'W 29.44' L72 S7503917"E 18.48' L13 N84035'48"E 13.91' L14 S14°04'25"E 16.78' L15 N14604'25W 21,89' L16 N61638'OVW 4.87' L17 N63°38'09'W 23.46' L18 N73026'45"E 21.46' L19 S14°04'25"E 19.44' WETLAND PERMANENT IMPACT AREA - 12,591 SF/0.289 AC PIN 8994581755000 O T ELTON L. WINSLOW, SR. U DB 284 PG 493 PIN 699400662071 Z UO w w w w w w W y y y JAMES ROBERT HENDRIX Q Vj \ WILL BOOK G PG 245 LU U w w w w w w w w w =O Q U 4 y w w y wOf w y w w w w \w w w w w w w J• U I w w y y w w y w w �Y y w \ w •Y w w w w w w w w w w w W J\ I a w w w w wL w w w w y JI(1 w w W w w w w w Ww W w w w w w w w w w w �0a * w w II w w w w w w w w w ix Za a, w w w w w w •1 w w w w w w w w W �'� w w I PIN 69944676732000 1 w w w w W w w w W OD u• w w w w WARWICK CREEKw w w w w w w iZ � �w w ELTON LEE WINSLOW K w w w w W w w w w Z w w w y y y! CROSSING BY HDD w I Q O DB 337 PG 165 N'947,350.73 20 w w w w w / E: 216981853.36 \may l y o NAD83 (NSRS2011) N14°04'25"W 4'25 w w w w w w w w wO w w w w w NOIMPACT____ 2084'1' /N1 G4°0/"W 325.74' N14°04_25"W 325.20' (fIE ONLY) � yh p1W.• w w w w w w w S1400412511E 395.52' w w w w w •Y w y\ o •1-14 L15 L19 m yN w w w w w w w w w w w w w w w w w w w y (TIE10 1 4, ` 9 O w w w w w w w w w w w w w w w w w y •! –� IRON REBAR FOUND w w w w w w w w_= ONU �OHU 1'TALL �U�pq..(.'� �— N: 946,367.89 `I' � y'� � W w w w •, � •� J-U�u OHU � E: 2,697,408.94 OFIU U c�UC�UC E/P if�Up�UC U OR9 U�mr�fi13 W 1 -I Y 32 VIR BRIDGE GINIA ROADI"C ES __ _- ---------- "- EIP PUBLIC RAN - 0 COMPUTED POINT DB DEED BOOK GENERAL NOTES \I\III IIII// PB PLAT BOOK 1. PIPE INSTALLATION THROUGH JURISDICTION BOUNDARY \\\\\`a, ,1 /�/// I HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER MY IRONO DISK FOO FOUND PG PAGE gYHOD. �\\(�� �Al '//, SUPERVISION THE WETLANDS EPROIDEDBYON O ' Piedmont. ® DISK FOUND CL CENTERLINE w `` �/ REFLECTS THE DELINEATION EVIDENCE PROVIDED BY SBME PL PROPERTY UNE�� , Natural Gas }UTILITYPOLE UP EDGE OF PAVEMENT y y \ �•:.QQ.O 4��••9 i ENVIRO ENTAL SERVICES ON 11-08-2017. REGIONAL LAND SURVEYORS, CONSULTING, ® WATER METER IXI WATER VALVE PERMANENT WETLAND = SEAL _ �.�1/I[9 8642 WEST MARKET STREET, SUITE 100 —SIGN �`-d'fs FIRE HYDRANT IMPACT I Q•` D GREENSBORO, NORTH CAROLINA 27409 '• L— 4464 = JEF V S. H, PLS L NO FIRM LICENSE NO. C-1382 JURISDICTIONAL BOUNDARIES OF DRAWN BY: JD REVISIONS LINE 208 SUBJECT BOUNDARY UNE (SURVEYED)) —C—EXISTING GAB UNE v'';:,(DATE: 1123/2018 RELOCATION PROJECT SUBJECT BOUNDARY LINEINOTSURVEYEDT—O--NEWGASUNE Ct\ ''4b �{ ` ---RIGHT OF WAY LINE —UO— UNDERGROUND COMMUNICATION LINE ,•SI1R�,.•' JOB NO. 1708.00 PERMANENT EASEMENT LINE COUNTY UNE i I� \ CHOWAN& GATES COUNTY , NORTH CAROLINA =onu=WETLA�o UTILITIES .rWYYYI. TREE UNE ''�FRYISI;\So`` gp 30 SCALE:1"0� 60 IR#3130279 SHEET10F1 Appendix V: NCNHP Report and Agency Scoping North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton November 30, 2017 Joey Lawler S&ME, Inc. 9751 Southern Pine Boulevard Charlotte, NC 28273 Office of Archives and History Deputy Secretary Kevin Cherry jlawlerksmeinc.com Re: Piedmont Natural Gas Line 208 Relocations for 3 Bridge Replacements, Chowan and Gates Counties, ER 17-2512 Dear Mr. Lawler: Thank you for your submission concerning the above referenced project. We have reviewed the information provided and offer the following comments. Portions of the three proposed pipeline relocation project areas were surveyed for archaeological resources in anticipation of relocating Bridges 20, 21, and 24 (NC Department of Transportation Project No. B-5507). As a result of this work, one archaeological site (31CO189) and one historic cemetery (31CO187) were identified within and adjacent to the subject project areas. While neither site is considered eligible for listing in the National Register of Historic Places, the Winslow Family Cemetery (31CO187), located adjacent to Crossing 3 (Bridge 24), should be avoided by ground disturbing activities. Recorded cemeteries are treated under Chapter 65 of the NC General Statutes. The portions of the proposed relocation routes that have not been surveyed have a high probability for containing unrecorded archaeological sites given their proximity to Dillard Creek, Warwick Creek, and their tributaries. These unsurveyed areas include, specifically, the southern portion of Crossing 1, the western portion of Crossing 2, and the southern portion of Crossing 3. Prior to the initiation of any ground disturbing activities within the proposed project areas, we recommend a comprehensive archaeological survey of the above specified project areas be conducted by an experienced archaeologist. The purpose of this survey will be to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior to the initiation of construction activities. Please note that our office now requests consultation with the Office of State Archaeology Review Archaeologist to discuss appropriate field methodologies prior to the archaeological field investigation. In addition, we request project plans that indicate how cemetery 31 CO187 will be avoided. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 One paper copy and a digital copy of all resulting archaeological reports, as well as one paper copy and a digital copy of the North Carolina site form for each site recorded, should be forwarded to the Office of State Archaeology through this office for review and comment as soon as they are available and in advance of any construction or ground disturbance activities. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at www.archaeology.ncdcr.gov/ ncarch/resource/consultants.htm. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. We have determined that the project as proposed will not have an effect on any historic structures. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos Joey Lawler From: Ellis, John <john_ellis@fws.gov> Sent: Monday, November 13, 2017 11:40 AM To: Joey Lawler Subject: Re: Request for Comment Joey, Thanks. Other than avoiding any in -water during the anad fish spawning moratorium I have nothing to add. John On Fri, Nov 10, 2017 at 3:08 PM, Joey Lawler <JLawlerksmeinc.com> wrote: Good afternoon sir. If you are interested in proving any comment on these gasline replacement projects in advance of Army Corps permitting, please feel free to do so. Thanks - j Joey Lawler, PWS Natural Resources Project Manager S&ME 9751 Southern Pine Blvd. Charlotte, NC 28273 mao 0:704.523.4726 M: 704.604.6474 BUIL' FOR Y E R 5 A T 11- 1 T Y www.smeinc.com LinkedIn I Twitter I Facebook This electronic message is subject to the terms of use set forth at www.smeinc.com/email. If you received this message in error please advise the sender by reply and delete this electronic message and any attachments. Please consider the environment before printing this email. 1 North Carolina Department of Natural and Cultural Resources Natural Heritage Program Govemor Roy Cooper November 6, 2017 Joey Lawler S&ME 9751 Southern Pine Blvd Charlotte, NC 29273 RE: Line 208 Relocation - Crossing 3; 7435-17-063 Dear Joey Lawler: Secretary Susi H. Hamilton NCNHDE-4647 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butlerng ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Tele hone: [919', 7D7-8107 LOCA.TICN 16`1 MaiI Ser,rice Center w rsv.ncnh2.org 121 VVest hones S-reat Ralaigh, NC 27899-1881 Ralaigh, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Line 208 Relocation - Crossing 3 Project No. 7435-17-063 November 6, 2017 N C N H D E-4647 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Group Observation Occurrence Status Status Date Rank Natural 7642 Cypress --Gum Swamp --- 2012 B? 2 -High --- --- Community (Intermediate Subtype) Reptile 34867 Farancia erytrogramma Rainbow Snake 1995 E 3 -Medium --- Significantly Rare Natural Areas Documented Within Project Area Site Name Representational Rating Collective Rating Warwick Creek Oak Flats and Slopes R5 (General) C5 (General) No Managed Areas Documented within the Project Area Global State Rank Rank G4 S3S4 G4 S3 Definitions and an explanation of status designations and codes can be found at https:Hncnhde.natureserve.org/content/help. Data query generated on November 6, 2017; source: NCNHP, Q3 July 2017. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Line 208 Relocation - Crossing 3 Project No. 7435-17-063 November 6, 2017 N C N H D E-4647 Element Occurrences Documented Within a One -mile Radius of the Pro'ect Area Taxonomic EO ID Scientific Name ommon Name Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Butterfly 34494 Neonympha helicta Helicta Satyr 1980 -Pre H 5 -Very --- Significantly G3G4 S1? Low Rare Natural 7642 Cypress --Gum Swamp --- 2012 B? 2 -High --- --- G4 S3S4 Community (Intermediate Subtype) Reptile 34867 Farancia erytrogramma Rainbow Snake 1995 E 3 -Medium --- Significantly G4 S3 Rare Natural Areas Documented Within a One -mile Radius of the Project Area Site Name 4101W Representational Rating Collective Rating Warwick Creek Oak Flats and Slopes R5 (General) C5 (General) Managed Areas Documented Within a One -mile Radius of the Pro'ec� t Area Managed Area Name Owner Owner Type Conservation Reserve Enhancement Program Easement NC Department of Agriculture, Division of Soil State and Water Conservation Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on November 6, 2017; source: NCNHP, Q3 July 2017. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-4647: Line 208 Relocation - Crossing 3 Rd V/ ea � I F ads Q 329 N bq�,llc Rd iter Rd �tt S4e 'l y a Z 3� A A ` O. 3] Glpen Ra 3e tt az lidera a��yf N W+E S November 6, 2017 Project Boundary Buffered Project Boundary NHP Natural Area (NHNA) Managed Area (MAREA) Page 4 of 4 1:24,759 0 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 km Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong),—sstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community United States Department of the Interior Joey Lawler S&ME Inc. 9751 Southern Pine Blvd. Charlotte, NC 28273 FISH AND WILDLIFE E SERVICE Raleigh F.5 Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 November 22, 2017 Re: PNG Line 208 Replacement Projects — Chowan/Gates Counties, NC Dear Mr. Lawler: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by a proposed project. For future projects, please visit the Raleigh Field Office's project planning website at .. https://www.fws.gov/raleigh/o.html. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed L https://ecos.fwsgov/ill . The IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that are known to occur in each county in North Carolina, and other resources. 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 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. ' The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive n6 legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. 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. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and.other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). 2 We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, Pet Benjamin Field Supervisor Appendix VI: Mitigation Credit Availability Letter Mttigatfan Sel vicm ENVIR®NMENYALOUALITY January 30, 2018 Sanu Odugbesan Piedmont Natural Gas PO Box 33068 Charlotte, NC 28233 Project: PNG Line 208 at Bridge 24 ROY COOPER Gorrrnor MICHAEL S. REGAN Expiration of Acceptance: 7/30/2018 County: Chowan The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location T Impact Type Impact Quantity _ ,"git HUC)_ I _ Pasquotank 03010205 1Riparian Wetland 0.289 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Joey Lawler, agent Sincerely, arges. B Stanfill A et Management Supervisor State of North Carolina I Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000 919 707 8976 T Appendix VII: Restoration and Inadvertent Return Contingency Plans Restoration Plan Natural Gas Pipeline Relocation at Bridge 24 Chowan/Gates Counties, North Carolina The proposed project has been planned to avoid and minimize jurisdictional impacts where practicable. As part of mitigation for unavoidable impacts, the following plan is proposed for implementation to restore temporarily -affected wetland areas and streams. This plan entails restoration of temporarily -disturbed wetland areas to their original contours and conditions to the degree practicable upon project completion. Further, it specifies that these areas will be permanently stabilized with a native vegetated cover. The measures outlined below will be reviewed with the project contractor prior to the plan's implementation. Proposed restoration activities include removal of any temporarily -placed fill material/equipment mats and restoration of wetland areas to their original, pre -disturbance contours. The native seed mix below will be used in combination with a relatively rapid -germinating cover species. Table 1: Wetland Seed Mix Species Combination seed mix to be applied to all disturbed streambanks, extending five feet landward following construction. Recommended application rate: 10-12 lbs. riparian seed mix plus 10-12 pounds of companion species/acre. To provide relatively rapid establishment of cover, 50 percent of the total seed mix shall consist of perennial rye (Lolium perenne) and/or German (foxtail) millet (Setaria italica) as companion species. Either of these species will germinate and grow quickly, but will not interfere with development of the riparian seed mix species. Seed and planting materials must be from local region suppliers. Listed below are local suppliers of native seed and plant material. S&ME does not endorse these specific suppliers; they are listed only for informational purposes. Other local suppliers may be available and suitable. Mellow Wetlands Farm 1312 Woody Store Road Siler City, N.C. 27344 919.742.1200 / 919.742.1280 fax www.mellowwetlandsfarm.com Elymus riparius Riverbank wild rye 20 Panicum rigidulum Redtop Panicgrass 8 Panicum dichotomiflorum Smooth Panicgrass 14 Carex vulpinoidea Fox sedge 12 Panicum virgatum Switchgrass 23 Dichanthelium clandestinum Deer tongue 8 Bidens aristosa Showy Tickseed Sunflower 7 Juncus effusus, NC Ecotype Soft rush 4 Polygonum pensylvanicum PA Smartweed 2 Sparganium amricanum Eastern bur reed 2 100 Combination seed mix to be applied to all disturbed streambanks, extending five feet landward following construction. Recommended application rate: 10-12 lbs. riparian seed mix plus 10-12 pounds of companion species/acre. To provide relatively rapid establishment of cover, 50 percent of the total seed mix shall consist of perennial rye (Lolium perenne) and/or German (foxtail) millet (Setaria italica) as companion species. Either of these species will germinate and grow quickly, but will not interfere with development of the riparian seed mix species. Seed and planting materials must be from local region suppliers. Listed below are local suppliers of native seed and plant material. S&ME does not endorse these specific suppliers; they are listed only for informational purposes. Other local suppliers may be available and suitable. Mellow Wetlands Farm 1312 Woody Store Road Siler City, N.C. 27344 919.742.1200 / 919.742.1280 fax www.mellowwetlandsfarm.com Inadvertent Return Contingency Plan Natural Gas Pipeline Relocation at Bridge 24 Chowan/Gates Counties, North Carolina Introduction Prior to initiating construction activities, PNG will confirm that the construction contractor and involved personnel are made aware of and understand the permit and its requirements, including relevant special conditions of the permit, monitoring of the project required by the permit, implementation of the Contingency Plan and implementation of Best Management Practices (BMP) during phases of construction that are designed to prevent release of sediment or deleterious substances into the creek. Additionally, jurisdictional boundaries of the wetlands within the project area will be demarcated in the field. As excavation of the drill pits will not occur in the wetlands, silt fencing will be established around the work areas by the contractor prior to any other land disturbing activities on site. Monitoring Monitoring the project site during all phases of construction will be conducted by the contractor and PNG. The contractor will visually inspect the project site twice daily (AM & PM) for compliance with BMPs, monitor that work is proceeding as permitted, conditions are such that problems are not anticipated, and an inadvertent return of drilling mud has not occurred. The contractor will also monitor the project site during drilling operations. Inspection logs will be maintained on-site, and will contain the date and time of inspections and will note problems, potential problems or other items of interest. Actions occurring on-site that cause problems with the work, or a temporary stop in work, will be noted in the log. Daily photographs will also document the progress of work, the integrity of sediment control measures and compliance with permit conditions. Stop Work Upon discovery of an inadvertent return by the contractor, or notification to PNG that the release of material or deleterious matter with potential for impacts to the creek or wetlands has occurred, the contractor will immediately stop work. An exception to an immediate cessation of construction activities may be warranted if such stoppage could result in unsafe conditions for workers on-site, or if stopping work would risk loss of the drill hole, or potentially result in more harm to the environment than continuing work. However, containment of such a release will immediately occur. Containment The contractor will immediately implement measures to contain the release of sediment or other deleterious substance into the creek or wetlands. Containment measures may include silt fencing and sediment tube installation. Contact Once an inadvertent return is discovered by the contractor, PNG shall notify the United States Army Corps of Engineers (USACE) and the NC Division of Water Resources (DWR) within 48 hours. Clean Up and Restoration The contractor and PNG will coordinate with the USACE and DWR to determine the most effective method of cleaning up the affected area(s) and appropriate methods for disposing of sediment or deleterious substance. The contractor and PNG will consult and coordinate with USACE and DWR to determine the most effective and efficient means of restoring the site, including stabilizing and re -vegetating as appropriate.