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HomeMy WebLinkAbout20100645 Ver 2_401 Application_20101210Letter of Transmittal S&ME, Inc. #S&ME 9711 Southern Pine Blvd. Charlotte, NC 28273 (704) 523-4726 (704) 525-3953 fax N.C. Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh. North Carolina 27699-1650 WE ARE SENDING YOU: ? Shop drawings ? Copy of letter DATE: December 2, 2010 JOB NO: 1357-10-035 ATTENTION: Mr. Ian McMillan RE: Piedmont Natural Gas- Kapstone Paper Project, Nationwide Permit No. 12 Application Package t O-QLP 4 U c-), '. r%npy ® Attached ? Under separate cover via ? Prints ? Plans ? Draft ? Report _ the following items: ? Specifications COPIES DATE NO DESCRIPTION 1 12.02.2010 1 Application Package for Nationwide Permit No. 12 THESE ARE TRANSMITTED AS CHECKED BELOW: ® For approval ? As requested ? FORBIDS DUE: / / ? For your use ® For review and comment ? ? PRINTS RETURNED AFTER LOAN TO US REMARKS: Attached please find the above. If you have questions or comments please do not hesitate to call Thank you - Joe Lawler SIGN: COPY TO: File, PING, McKim & Creed, USACE IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is confidential and legally privileged. The information is intended only for use of the individual or entity named on this Letter of Transmittal. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on these documents is strictly prohibited. r r-'I - , ` - tl?' J4: DEC 0 c zo;a IXW' WkkR Qt1AUTY VdETLMOS AW STORMNATER ORMCH S&ME SFG-001 (Rev. 04/04) Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: PNG KapStone Paper Project 2. Name of Property owner/Applicant: Piedmont Natural Gas 3. Name of Consultant/Agent: S&ME, Inc., Joey Lawler 'Agent Authorization needs to be attached 4. Related/Previous Action ID Number(s): N/A KapStone Kraft Paper Company and Virginia Electric and Power Company 5. Site Address: property in Roanoke Rapids, N.C. 6. Subdivision Name: N/A 7. City: Roanoke Rapids 8. County: Halifax 9. 10 11 12 13. 34.1586°N (Origin) -78.0356°W (Origin) Lat: 34.1527°N (Terminus) Long: -77.9403°W (Terminus) (Decimal Degrees Please) Quadrangle Name: Roanoke Rapids, N.C. (1974) Waterway: UT to Roanoke River Watershed: Roanoke Requested Action: X Nationwide Permit # 12 General Permit # Jurisdictional Determination Request Pre-Application Request The following information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Authorization: Section 10 Section 404 Project Description/Nature of Activity/Project Purpose: Begin Date Site/Waters Name: Keywords: *_ S&ME December 2, 2010 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Attention: Mr. Thomas Brown N.C. Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Attention: Mr. Ian McMillan Reference: Nationwide Permit No. 12 PNG KapStone Paper Project Roanoke Rapids, North Carolina S&ME Project No. 1357-10-035 Dear Mr. Brown and Mr. McMillan: S&ME, Inc. (S&ME) is submitting this "courtesy" application for proposed pipeline construction activities in accordance with Department of the Army Nationwide Permit (NWP) No. 12 and corresponding North Carolina 401 Water Quality Certification (WQC) No. 3819. The project will involve installation of approximately 1,600 linear feet (If) of a four-inch diameter natural gas pipeline in Roanoke Rapids, Halifax County, North Carolina. In support of this submittal, please find enclosed the following: • Figures - Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), 2004 Aerial Photograph (Figure 3), and USDA County Soil Survey (Figure 4); • Appendix I: Agent Authorization Form and Pre-Construction Notification (PCN); • Appendix Il: Jurisdictional Waters of the U.S. Maps (Sheets I through 4); • Appendix III: Wetland Determination Data Form, and N.C. Division of Water Quality (DWQ) Stream Identification Forms; • Appendix IV: Site Photographs; and • Appendix V: Agency Correspondence. Copies of this PCN are being provided to the USACE and DWQ as a courtesy because our client is seeking confirmation that the proposed project conforms to applicable general and specific conditions pursuant to NWP No 12 and WQC 3819, and that further written approval to perform the work is not required S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com Nationwide Permit No. 12 SWE Project No. 1357-10-035 PNG KapStone Paper Project December 2, 2010 ;J .Z6141 =IWi la-1o7 X4YAi1:9lZ1 The proposed project involves construction of approximately 1,6001f of 4-inch natural gas pipeline that will provide service to the KapStone Kraft Paper (Kapstone) plant in Roanoke Rapids, North Carolina. The new gas line is necessary to facilitate conversion of the Kapstone facility to natural gas. Construction of the proposed pipeline will require clearing a 30-foot project corridor adjacent to two existing utility easements. The new pipeline will originate at a tap on an existing natural gas pipeline near the end of River Road (34.1586°N, 78.0356°W ) and extend to a meter station that will be constructed on the Kapstone property (34.1527°N, 77.9403°W). The location of the project corridor is depicted on the Site Vicinity Map (Figure 1), the appropriate portion of the Roanoke Rapids, N.C (1974) USGS Topographic Map (Figure 2), a 2004 Aerial Photograph (Figure 3) and a Soil Survey Map (Figure 4). Five feet of the proposed corridor will be permanently maintained as a licensed premises within which the new pipeline will be installed. The remaining 25 feet will consist of temporary work space (TWS) and allowed to naturally re-vegetate following construction. Although three streams flow through the project corridor, all of the crossings will be conducted by bore or horizontal directional drill (HDD) methods thus impacts to jurisdictional areas will not occur. FIELD OBSERVATIONS On September 16, 2010, Mr. Joey Lawler of S&ME visited the project corridor and conducted a jurisdictional delineation to determine the location of waters of the U.S. located therein. The delineation was conducted utilizing currently accepted methods for wetland determination, as set forth in the 1987 Corps of Engineers Wetlands Delineation Manual, which states that under normal circumstances, an area must demonstrate the presence of three components to be considered jurisdictional: 1) hydrophytic vegetation, 2) hydric soils, and 3) wetland hydrology. Furthermore, stream assessments were conducted in accordance with DWQ and USACE guidelines. Field review identified three jurisdictional streams (Streams I through 3) within the project corridor. No jurisdictional wetlands were identified within the project corridor. The surveyed location of the stream boundaries are depicted on the Jurisdictional Waters of the U.S. Maps (Sheets I though 4) in Appendix II. A Wetland Determination Data Form (upland) and DWQ Stream Identification Forms are included in Appendix 111, and representative photographs of the project corridor and adjacent utility easements are included in Appendix IV. The project corridor will extend primarily through a wooded area that adjoins the existing easements. Canopy species observed within wooded portions of the project corridor included sugar maple (Acer rubrum), umbrella tree (Magnolia tripetala), tulip tree (Liriodendron tulipifera), sycamore (Platanus occidentalis) and box elder (Acer negundo). Sub-canopy species were dominated by Chinese privet (Ligustrum sinense), and ground cover was limited to Japanese stilt grass (Microstegium vimineum). Nationwide Permit No. 12 SBME Project No. 1357-10-035 PNG KapStone Paper Project December 2, 2010 PROTECTED SPECIES AND CULTURAL RESOURCES S&ME conducted a literature review for federally-listed endangered or threatened species (protected species) and S&ME provided scoping letters to the North Carolina Natural Heritage Program (NCNHP), the U.S. Fish & Wildlife Service (USFWS), and the North Carolina State Historic Preservation Office (SHPO) on September 17, 2010. The scoping letters included a description of the proposed work, figures detailing the location of the project corridor, and a request for comments regarding concerns that the respective agencies may have. The results of S&ME's review and scoping comments are outlined in more detail below. Protected Species S&ME reviewed existing records obtained from federal and state sources for potential protected species habitat or for documented records of protected species within the project corridor. The USFWS list of federally-protected species was consulted for a listing of species documented within Halifax County, North Carolina. This review identified three animals, as presented with their federal rank in Table 1. Table 1: Federally-Protected Species Summary for Halifax County Federal County Potential Species Rank* Status Preferred Habitat Habitat Present Picoides borealis open stands of pine containing trees E Historic 60 years old and older for breeding No Red-cockaded woodpecker and 30 years or older for foraging Elliptio steinstansana silt-free, non-compacted gravel E Current and/or coarse sand in fast-flowing, No Tar River spineymussel well-oxygenated stream reaches Alasmidonta heterodon Creek and river areas with a slow to E Current moderate current and a sand, Yes Dwarf wedgemussel gravel, or muddy bottom E = Endangered S&ME also consulted the NCNHP GIS database and Virtual Workroom for a listing of element occurrences (EO) of protected species within or near the project corridor. This review did not reveal additional EOs pertaining to federally-protected species. On October 5, 2010, the USFWS responded that the proposed project is not likely to adversely affect federally-protected endangered or threatened species identified for Halifax County, and that the requirements of Section 7 of the Endangered Species Act have been fulfilled (Appendix V). In addition, the USFWS expressed concerns regarding impacts to aquatic resources associated with construction of the proposed project and recommended practicable implementation of directional boring methods and stringent sediment and erosion control measures, as well as maintenance of vegetated buffers. The NCNHP responded on September 24, 2010, stating the nearby segment of the Roanoke River is identified as part of a Significant Natural Heritage area (the Roanoke River Fall Zone Aquatic Habitat) and home to seven rare mussel species (Appendix V). The NCNHP also stated that it was imperative that sediment from construction of the project does not reach the river. 3 Nationwide Permit No. 12 SWE Project No. 1357-10-035 PNG KapStone Paper Project December 2 2010 S&ME personnel visited the project corridor on November 19, 2010 to determine if suitable habitat for terrestrial protected species occurred within the project corridor. During field review, S&ME personnel integrated the information obtained from supporting documentation with field evaluation for the presence of federally-listed protected species and/or their potential habitat. The project corridor consists of wooded areas, and maintained easements, and did not reveal preferred habitat types for Red- cockaded woodpecker or Tar River spineymussel. Streams located within the project corridor may provide potentially-suitable habitat for the Dwarf wedgemussel. To address agency concerns regarding potential affects on protected species, PNG plans to avoid all impacts to on-site streams through use of bores or HDD. Accordingly, the project is unlikely to affect any of the species identified in Table 1. Cultural Resources S&ME provided a scoping letter to the North Carolina State Historic Preservation Office (SHPO) on September 17, 2010. SHPO responded with an October 7, 2010 letter stating that they were aware of no historic resources which would be affected by the project. A copy of the SHPO letter is included in Appendix V. AVOIDANCE AND MINIMIZATION PNG has designed the proposed project to avoid all impacts to waters of the U .S. The proposed project corridor width (combined temporary and permanent) will be limited to 30 feet, and will parallel existing easements. Only a five-foot wide area will be permanently-maintained. The pipeline will be bored or directional ly-dri lled to avoid impacts to on-site streams. Accordingly, the proposed project will not result in changes to stream dimension, pattern, or profile. Although the project has been designed to disturb less than one acre and written approval from NCDENR's Division of Land Quality is not required, appropriate sediment and erosion control practices outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will still be implemented and maintained over the life of the project. 4 Nationwide Permit No. 12 SWE Project No. 1357-10-035 PNG KapStone Paper Project December 2 2010 CLOSING Thank you for your review of this courtesy PCN. Again, PNG would like your confirmation that the proposed project as detailed in this submittal conforms to applicable general and specific conditions pursuant to NWP No. 12 and WQC 3819, and that further written approval to perform the work is not required. If you have questions or need additional information, please feel free to contact us at 704.523.4726. Sincerely, S&ME Joey Lawler, P.W.S`-`) Senior Project Manager Crystal J. Fox Natural Resources Staff Professional Senior Reviewed by Julie Bennett-Hudel, P.G., LEED AP Attachments 5 FIGURES: Site Vicinity Map (Figure 1) USGS Topographic Map (Figure 2) 2004 Aerial Photograph (Figure 3) Soil Survey Map (Figure 4) Roanoke R.anidl• 43 Project Loc REFERENCE: THE ABOVE GIS LAYERS WERE OBTAINED FROM THE ESRI STREETMAP USA DATASET. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FORANY DECISION MADE OR ANYACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. SCALE: 1" = 1,000, DATE: 11.23.2010 DRAWN BY: DDH CHECKED BY: JOL #S&ME WWW.SMEINC.COM N A 46 301 South Weldon f�N H^ 0 0.5 1 1.5 Miles SITE VICINITY Piedmont Natural Gas KapStone Paper Project Halifax County, North Carolina PROJECT NO: 1357-10-035 FIGURE NO. 1 11NWIc 4 4k Ji � r r J 4 �;'• � 1, I � �'�4 �. 4 1 • u., }�: �'. twit ip '+. Tr Proposed Pipeline Alignment REFERENCE: USGS 1974 ROANOKE RAPIDS [NC] 1:24,000 QUAD SHEET y Q THE ABOVE GIS LAYERS WERE OBTAINED FROM THE USDA GEOSPATIAL DATA GATEWAY AND MCKIM AND CREED. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY .+✓ ��111 r OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR ,O 500,, -,1000 1,500 " ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Feet E � SCALE: 1„ =1,000' FIGURE USGS TOPOGRAPHIC MAP NO. DATE: 11.23.2010 -&ME Piedmont Natural Gas DRAWN BY: KapStone Paper Project DDH Halifax County, North Carolina CHECKED BY: WWWSMEINC.COM JOL PROJECT No: 1357-10-035 K 4a M it ttTiri.'a Stream 2 Crossing (Perennial RPW) Stream 3 Crossing (Seasonal RPW) Stream 1 Crossing y= (Seasonal RPW) i sk. Stream Channels , t Proposed Pipeline Alignment REFERENCE: THE ABOVE GIS LAYERS WERE OBTAINED FROM THE NC ON EM AP WEB SITE AND MCKIM AND CREED. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. O ,� oo 2 THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. SBME, INC. ASSUMES NO RESPONSIBILITY FORANY DECISION - MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. +-v SCALE: 1.. _ 200, FIGURE 2004 AERIAL PHOTOGRAPH No DATE: 11.23.2010 *S&MEKapStone Piedmont Natural Gas DRAWN BY: DDH Paper Project �'HECKED BY: WWW.SMEINC.COM Halifax County, North Carolina L JOL PROJECT NO: 1357-10-035 N A Stream Channels ?- Proposed Pipeline Alignment Soils: CwA: Chewacla and Wedahee soils, 0-1% slopes, frequently flooded RmA: Riverside soils, 0-1% slopes, ocassionally flooded Ud: Udorthents, loamy REFERENCE: USDA SOIL SURVEY GEOGRAPHIC (SSURGO) DATA FOR HALIFAX COUNTY, NC THE ABOVE GIS LAYERS WERE OBTAINED FROM THE USDA GEOSPATIAL DATA GATEWAY AND MCKIM AND CREED. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY.SBME, INC. ASSUMES NO RESPONSIBILITY FOR 0 25O ..'500 750 ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. a Feet SCALE: 1„ _ 200, FIGURE DATE: SOIL SURVEY MAP NO. 11.23.2010 S&ME Piedmont Natural Gas DRAWN BY: DDH KapStone Paper Project CHECKED BY: Halifax County, North Carolina '?rH?W•SMEINC.COM L JOL PROJECT NO, 1357-10-035 APPENDIX I Agent Authorization Form and Pre-Construction Notification (PCN) AGENT AUTHORIZATION FORM #S&ME Date: 11.24.10 Project Information S&ME Project Name: PNG KapStone Paper Project Type of Project: Nationwide Permitting Location: Roanoke Rapids, North Carolina Property Owner/Representative Information Business Name: Mailing Address: City, State, Zip Code Telephone No. Contact: Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte, NC 28210 704.731.4130 Mr. Adam Long, P.E. Agent Information Business Name: Street Address: City, State, Zip Code Telephone No. Contact: S&ME, Inc. 9751 Southern Pine Bou1evarc Charlotte, N.C. 28273 704.523.4726 Joey Lawler Authorization: I on behalf of Contact Signatur uC? hereby authorize (Name of Landowner or Project Sponsor) S&ME, Inc. to act as agent with the USACE / NCDWQ in securing Section 401/404 permits for the above-referenced project. tf) -061A5 U2% OW A rF9q _63 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit E] Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification. ® Yes ? No For the record only for Corps Permit: ® Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: PNG KapStone Paper Project F. 1, r. _o 2b. County: Halifax iLf 2c. Nearest municipality / town: Roanoke Rapids PEE 0 6'201a Ll 2d. Subdivision name: DPAP 2e. NCDOT only, T.I.P. or state project no: WETLAAMANDjjj: l' NVrWI QRANOM 3. Owner Information 3a. Name(s) on Recorded Deed: KapStone Kraft Paper Company and Virginia Electric and Power Company (VEPC) 3b. Deed Book and Page No. 2170 - 50 and 2170 - 62 3c. Responsible Party (for LLC if applicable): 3d. Street address: KapStone - 100 Gaston Road, Roanoke Rapids, N.C. 27870 3e. City, state, zip: VEPC - 701 E. Cary Street, 12th Floor, Richmond V.A. 23261 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page I 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: Adam Long, P.E, 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.. 704.731.4130 4g. Fax no.: 704.731.4096 4h. Email address: adam.long@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 I 1. Property Identification 11a. Property identification no. (tax PIN or parcel ID): 10909348 and 0920248 I 1b. Site coordinates (in decimal degrees): I Latitude: 36.4612 Longitude: - 77.6369 (DD.DDDDDD) (-nn nnnnnrn 1 c . Property size: < 1 acres 2. Surface Waters 2a . Name of nearest body of water (stream, river, etc.) to UT to Roanoke River proposed project: 2b . Water Quality Classification of nearest receiving water: 09/01/57 23-(26), Class C 2c. River basin: Roanoke 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 corridor is located primarily within a wooded area that parallels existing sewer and powerline ROWs for its entire length. Land use in the vicinity is a mixture of residential, commercial and undeveloped land. 3b. List the total estimated acreage of all existing wetlands on the property: None 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 97 3d. Explain the purpose of the proposed project: To construct a pipeline that will service the KapStone Paper facility. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project will involve installation of approximately 1,600 linear feet (If) of 4-inch natural gas pipeline. The project will originate at an existing natural gas pipeeine located near the terminus of River Road, and then parallel existing sewer and powerline ROWs before terminating at a proposed meter station that will be constructed on the KapStone Property. PNG plans to conduct the work within a 30-foot wide ROW. 25 feet of the ROW will consist of temporary work space, while the remaining 5 feet will be permanently-maintained. The pipeline will be constructed using industry- standard equipment for small pipeline installtion, such as bulldozers, drilling rigs, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ? Yes ? No Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 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. N/A 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ? No ®Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? 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 2h. Comments: No wetland impacts will occur. 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 - Permanent (P) or (PER) or intermittent (Corps - 404, 10 DWQ _ non-404 stream width length (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. All stream crossings will be conducted by bore or horizontal directional drill (HDD), as appropriate. No open-cut crossinqs will be conducted. 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 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: No open-water impacts will occur. 5. Pond or Lake Construction If and 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 K 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 an impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number - Reason Permanent(P)or for Temporarv (T) impact B1 ?P?T B2 ?P?T B3 ?P?T ? Neuse ? Tar-Pamlico ? Other.- [] Catawba ? Randleman 6e. 6f. 6g. Buffer Stream name mitigation -required? ? Yes ? No ? Yes ? No ? Yes ? No 6h. Total buffer impacts Zone 1 impact I Zone 2 impact (square feet) (square feet) 6i. Comments: No buffer impacts will occur. 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. The proposed project will not involve impacts to jurisdictional areas. All potential impacts to such areas have been avoided through use of bore or HDD, and temporary workspace has been established within high ground areas. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All stream crossings will be performed by boring or HDD methods. 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 [J Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type ?? Quantity-? 3c. Comments: N/A 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: N/A 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). 6h. Comments: No impacts to NC-regulated riparian buffers will occur. Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version It. 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 within one of the NC Riparian Buffer Protection Rules? ? Yes No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: N/A ? Yes ? No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? < 1 % 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project involves construction of a utility line ROW, and will not result in additonal imperveous surface. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A 2e. Who will be responsible for the review of the Stormwater Management Plan? El Certified Local Government ?DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? N/A ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW apply (check all that apply): ? USMP ? 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 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): ? HQW ? ORW ? 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) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ? Yes No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval 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 additional development, which could impact nearby downstream water quality? ? Yes No 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 a "growth-inducing" in that natural gas will only be provided to an existing facility. 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 capacit of the sub t f ili , y jec ac ty. 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? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh ® ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NCNHP and USFWS were provided with a scoping letter and project maps on September 17, 2010. The responses of both agencies are included with this PCN. 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://ocean.floridamarine.org/efh-coral/ims/viewer.htm 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? The SHPO was provided with a scoping letter and project maps on September 17, 2010. SHPO's response letter is included with this PCN. 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 all FEMA regulations. 8c. What source(s) did you use to make the floodplain determination? FEMA Panel 4908. Joey Lawler, P.W.S. )Q 10 Applicant/Agent's Printed Name Ap i a ge ignature Date (Agent's signature is valid onl an auth zation letter from the applicant is ed. Page I I of 11 PCN Form - Version 1.3 December 10, 2008 Version APPENDIX 11 Jurisdictional Waters of the U.S. Maps (Sheets 1 through 4) 0 W w V) z 0J FW Z 6 �� N 0_ 0 ROpo �\ 96-1 Q. Q V) O o O U 0 o w Z �U F- WQQ ��Q H a o - j cr Z~ a: OZ 5Z �ZU z R REPO kT _ RAVE NC GRID (NAD 83) z $ � U W � Z W 8 W m (/] S M) V) U8 / wam �5 \ _ =~cn o �} ww w (n Z c9 cnz Www.: O� Zoo eano ow CL0 wWz LL. 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LAJ z ¢ Z } ¢zoN °zo0° a v¢)ZZo z LLI 0 F zo 0 ¢ZVU NMN W M¢R z Z¢?CL ooow < J r,t 0 (/I ¢H ¢ F- V) 00fn z O ixOQ Q 0tea U o! L L Qo? o L) LL. Z OW 0 F- LLI U =Z fn (n o Z WWC=Q Zp0_ M < Li CL L I.- V) p?NN JAW On J== ¢ ¢ F- I- m i ? { u7 I I N U o ?b cy 4 1 mj2 9 IL IF O N p O 1, N m r aj l? N O .- MO -5 2 x O wit d: wr m m m Wo m z z z ¢ m N C3 R O = O O N a U r` N m N `ppn 0:O ZN ? N N Z% -I a _ ?z N J x U 0 t? APPENDIX III Wetland Determination Data Form and Stream N.C. Division of Water Quality Stream Identification Forms DATA FORM ROUTINE WETLAND DETERMINATION (1987 USACE Wetlands Determination Manual) Project Site: KapStone Paper Project Date: 9/16/2010 Applicant/Owner: Peidmont Natural Gas County: Halifax Investigator: S&ME (Joey Lawler) State: NC Do normal circumstances exist on the site? Yes® No? Community ID: Upland Is the site significantly disturbed (Atypical Situation)? Yes? No® Transect ID: Is the area a potential problem area? (if needed, explain on reverse) Yes? No® Plot ID: I Lat:36.46058°N Lon: 77.63625°W VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator I - Acer saccharum T FACU- 9. 2. Magnolia tripetala T FAC 10. 3. Liriodendron tu/ipiJera T FAC 11. 4- Ligustrum sinense S/S FAC 12. 5. Platanus occidentalis T FA W- 13. 6- Acer neeundo T FA W 14. 7. Microsteeium vimineum H FAC+ 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC: (except FAC-): 6 / 7 = 86 Remarks: HYDROLOGY ? Recorded Data (Describe in Remarks) ? Stream, Lake or Tide Gauge ? Aerial Photograph ? Other No Recorded Data Available Wetland Hydrology Indicators: PRIMARY ? Inundated ? Saturated in Upper 12 Inches ? Water Marks ? Drift Lines Field Observations: ? Sediment Deposits ? Drainage Patterns in Wetlands Depth of Surface Water: 0 (in.) SECONDARY ? Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: 12+ (in.) ? Water-Stained Leaves ? Local Soil Survey Data Depth to Saturated Soil: 2+ (in.) ? Other (Explain in Remarks) Remarks: Wetland hydrology is absent. SOILS Map Unit Name Drainage Class: Series and Phase): Field Observations ? ? Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors (Munsell Moist) Texture, Concretions, Inches Horizon (Munsell Moist) and Abundance / Contrast Rhizospheres, etc. 0-3 Al 7.5YR 3/3 - silt loam 3-12+ B1 7.5YR 4/4 - clay Hydric Soil Indicators: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface La yer in Sandy Soils ? Sulfidic Odor ? Organic Streaking in Sandy Soils ? Aquic Moisture Regime ? Listed on Local Hydric Soils List ? Reducing Conditions ? Listed on National Hydric Soils List ? Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) Remarks: Soil is not hydric. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes? No® Hydric Soils Present? Yes? NON Wetland Hydrology Present? Yes? No?X Is this Sampling Point Within a Wetland? Yes? No® Remarks: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 9/16/2010 Project KapStone Paper Project Latitude: 36.46029°N Evaluator: S&ME (Joey Lawler) Site: 1 Longitude. 77.63581-W Total Points 21 .5 Stream is at least intermittent if 2 19 or perennial if 2 30 County: Halifax Other e.g. Quad Name' A. Geomorphology (Subtotal= 9.5 ) Absent Weak Moderate Strong 1 a. Continuous bed and bank 2 2. Sinuosity 1 3. In-channel structure: riffle-pool sequence 1 4. Soil texture or stream substrate sorting 2 Active/relic oo p aln 1 Depositional bars or benches 0 Braided channel 0 8. ecent alluvia I deposits 1 -- --- -- - - ----- a. Natural levees 0 10. Head cuts 0 1 ra a con ro s f - - 12. Natural valley or drainageway 0.5 13. Second or greater order on existing USGS or NRCS map or other documented evidence. No = 0 a. man-made ditches are not rated: see discussions in manual B. Hvdroloav (Subtotal= 5 14. Groundwater flow/discharge 1 15. Water in channel and > 48 hours since rain or Water in channel -- dry or growing season 0 16. Leaflitter 1 17. Sediment on plants or debris - 1 1 8. O-rganlc debris lines or pl es rac lne`s]i 0.5 19. y rlc soils re oxlmorp lc features) present? Yes = 1.5 C. Bloloav (Subtotal = 7 ) 20b. Fibrous roots in channel 2 21 b. Rooted lants in channel 2 22. Crayfish 23. Bivalves 0 24. Fish 0 25. Amphibians 0.5 26. Macrobenthos (note diversity and abundance) 0.5 27. Filamentous algae; pedphyton 0 28. Iron bacteria/fun us f 29b. Wetland plants in streambed None = 0 D. items lu and zi Locus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants Notes: (use back side of this form for additional notes) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 9/1612010 Project KapStone Paper Project Latitude: 36.46038°N Evaluator: S&ME (Joey Lawler) Site: 2 Longitude: 77.63561 °W Total Points 34 Stream is at least intermittent if ?19 or perennial 4 z 30 County: Halifax Other e.. Quad Name. 9 A. Geomorphology (Subtotal= 18.5) Absent Weak Moderate Strong 1 a. Continuous bed and bank 3 2. Sinuosity 2 3. In-channel structure: riffle-pool sequence 2 4. Soil texture or stream substrate sorting 2 C ive re is oo p aln Depositional bars or benches 2 Braided C anne 0 Recent alluvial deposits 2 a. aura eveeS 0 10. Head cuts o --" fa a con s 0.5 e 12. Natural valley or drainageway 1 13. Second or greater order on existing USGS or NRCS map or other documented evidence. Yes = 3 a. man-maae oncnes are not rates; see arscussions in manual B. Hvdroloav (Subtotal= 9 ) 14. Groundwater flow/discharge 3 15. Water in channel and > 48 hours since rain or Water in channel -- dry or growing season 2 16. Leaflitter 1 17. Sediment on plants or debris 1 18. Organic debris lines or piles (Wrack lines) 0.5 19. y ric soils re oximorp is ea ureS presen . Yes = 1.5 C. Bloloav (Subtotal = R 5 ) 20b. Fibrous roots in channel 2 _21b. Rooted plants in channel 2 22. Crayfish 23. Bivalves 0 24. Fish 0 25. Amphibians 0.5 26. Macrobenthos (note diversity and abundance) 0.5 27. Filamentous algae; periphyton 0 28. Iron bacteria/fun us 0.5 29b. Wetland plants in streambed None = 0 u. Rcina N anu c r ruws Uri ute presence or uprana prams. item za rocuses on the presence of aquatic or wetland plants Notes: (use back side of this form for additional notes) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 9/16/2010 Project KapStone Paper Project Latitude: 36.46068°N Evaluator: S&ME (Joey Lawler) Site: 3 Longitude: 77.63638°W Total Points 28 Stream is at least intermittent if 2 19 or perennial if 2 30 County: Halifax Other e.g. Quad Name: A. Geomorphology (Subtotal= 11.5) Absent Weak Moderate Strong la. Continuous bed and bank 2 2. Sinuosity 2 3. In-channel structure: riffle-pool sequence t 4. Soil texture or stream substrate sorting c ive re is oo p aln i Depositional arS or enc eS - 1 ral e C anne - 0 &. Recent alluvial deposits - - - - 2 - - - a. Natural levees 0 10. Head cuts 0 ra a con ro s - --- 12. Natural valley or drainageway 0.5 13. Second or greater or er on existing USGS or NRCS map or other documented evidence. No = o a. man-mane ancnes are not ratea; see olscusslons in manual B. Hvdroloav (Subtotal = 8 5 ) 14. Groundwater flow/dischar e 2 15. Water in channel and > 48 hours since rain or Water in channel -- dry or growing season 2 16. Leaflitter 1 17. Sediment on plants or debris 1 rgarnc ens ines oo_rpl es rac Ines 1 19. y rlc soils re oxlmorp is ea ures present. Yes = 1.5 C. Bloloav (Subtotal = 8 ) 20b. Fibrous roots in channel 2 21b. Rooted plants in channel 2 22. Crayfish 1 23. Bivalves o 24. Fish p -25. Amphibians 26. Macrobenthos (note diversity and abundance) 0.5 27. Filamentous algae; periphyton 0 28. Iron bacteria/fun us 1.5 29b. Wetland plants in streambed None = 0 v. ucrrrs cv alru t t rows un u1e presence or uplano plants. nem za rocuses on the presence of aquatic or wetland plants Notes: (use back side of this form for additional notes) Sketch: APPENDIX IV Site Photographs 3 View looking downstream along Tributary A where it I transitions into a linear wetland feature. View of existing power line ROW along which the second half of the natural gas line will parallel. View looking downstream along Tributary B, south of the pond area. Taken by: JoL SITE PHOTOGRAPHS Piedmont Natural Gas - KapStone Paper Project Checked by: JBH Roanoke Rapids, North Carolina Date Taken: 9.16.2010 Project No.: 1357-10-035 Photo Page 1 1 View of the existing sewer ROW along which the first half of the natural gas line will parallel. .. V I- vi -coy i 1cal Ni vNvacu i i icLci aLauvi i at a is terminus of the natural gas line. 5 New sewer line crossing associated with recent development at the northern end of Tributary B. APPENDIX V Agency Correspondence APPS "T°f "F, United States Department of the Interior y y . FISH AND WILDLIFE SERVICE ' Raleigh Field Office o Post Office Box 33726 M,HCH ?0a Raleigh, North Carolina 27636-3726 October 5, 2010 Joey Lawler S&ME, Inc. 9751 Southern Pine Boulevard Charlotte, NC 28273-5560 Re: Proposed 4-inch Natural Gas Line- KapStone Paper Project (S&ME Project No. 1357-10-035) Dear Mr. Lawler: This letter is to inform you that a list of all federally-protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http://www.fws.gov/raleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office fora list of federally-protected species. Our web page 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), and a list of federal species of concern' that are known to occur in each county in North Carolina. 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/raleigb. 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 no 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 take n`io 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 Mark Bowers of this office at (919) 856-4520 ext. 19. Sincerely, ,0 Pete Benjamin ield Supervisor List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson 4 A? WDENR North Carolina Department of Environment and Natural Resources Office of Conservation, Planning, & Community Affairs Beverly Eaves Perdue, Governor Linda Pearsall, Director September 24, 2010 Mr. Joey Lawler S&ME, Inc. 9751 Southern Pine Boulevard Charlotte, NC 28273-5560 Dee Freeman, Secretary Subject: Proposed 4-inch Natural Gas Line - KapStone Paper Project; Roanoke Rapids, Halifax County S&ME Project No. 1357-10-035 Dear Mr. Lawler: The Natural Heritage Program has record of several rare species and a significant natural heritage area within 0.1-mile of the project area. The Roanoke River lies less than 0.1-mile to the east, and this portion of the river is identified as a State significant natural area named the Roanoke River Fall Zone Aquatic Habitat. Seven rare mussel species are present in this stretch of river (see enclosure). It is imperative that sediment from construction of the gas line does not reach the river. You may wish to check the Natural Heritage Program database website at www.ncnhp.org for a listing of rare plants and animals and significant natural communities in the county and on the quad map. Our Program also has a new website that allows users to obtain information on element occurrences and significant natural heritage areas within two miles of a given location: <http://nhpweb.enr.state.nc.us/nhis/public/gmap75_rnain.phtml>. The,user name is "public" and the password is "heritage". You may want to click "Help" for more information. NC OneMap now provides digital Natural Heritage data online for free. This service provides site specific information on GIS layers with Natural Heritage Program rare species occurrences and Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage Program for detailed information. This service allows the user to quickly and efficiently get site specific NHP data without visiting the NIP workroom or waiting for the Information Request to be answered by NHP staff. For more information about data formats and access, visit <www.nconemap.com>, then click on "FTP Data Download", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences']. You may also e-mail NC OneMap at <dataq a,ncmail.net> for more information. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 One Phone: 919-715-4195 1 FAX: 919-715-3060 Internet: www.oneNCNaturally.org NofthC a'?rohna An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper ?atilj1 t ff Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information. Sincerely, Harry E. LeGrand, Jr., Zoologist Natural Heritage Program Enclosure Significant Natural Heritage Area Report ame Roanoke River Fall Zone Aquatic Habitat anagement Urgency anagement Urgency Comments REAL ESTATE/PROTECTION anservation Intentions umber of Tracts resignation -otection Comments MANAGEMENT 24 September 2010 ind Use Comments atural Hazard Comments rotics Comments ffsite formation Needs anagement Needs anaged Area Relations ELEMENT OCCURRENCES cientific Name Common Name G Rank S Rank EO Rank EO ID Jasmidonta undulata Triangle Floater G4 S2 E 7237 _nodonta implicata Alewife Floater G5 Sl E 14903 lliptio roanokensis Roanoke Slabshell G3 S1 E 6657 usconaia masoni Atlantic Pigtoe G2 Sl H 14938 ampsilis radiata Eastern Lampmussel G5 SIS2 E 8196 asmigona subviridis Green Floater G3 S1 E 1879 eptodea ochracea Tidewater Mucket G3G4 Sl E 14700 REFERENCES reference Code Full Citation VERSION :rsion Date 2004-10-12 :rsion Author McRae Significant Natural Heritage Area Report lame Roanoke River Fall Zone Aquatic Habitat lanagement Urgency lanagement Urgency Comments REAL ESTATE/PROTECTION onservation Intentions umber of Tracts )esignation rotection Comments MANAGEMENT 24 September 2010 and Use Comments atural Hazard Comments xotics Comments )ffsite iformation Needs lanagement Needs lanaged Area Relations ELEMENT OCCURRENCES icientific Name Common Name G Rank S Rank EO Rank EO H) Uasmidonta undulata Triangle Floater G4 S2 E 7237 lnodonta implicata Alewife Floater G5 S1 E 14903 ?lliptio roanokensis Roanoke Slabshell G3 Sl E 6657 'usconaia masoni Atlantic Pigtoe G2 S1 H 14938 ,ampsilis radiata Eastern Lampmussel G5 S1S2 E 8196 .asmigona subviridis Green Floater G3 Sl E 1879 .eptodea ochracea Tidewater Mucket G3G4 S] E 14700 REFERENCES teference Code Full Citation VERSION ersion Date 2004-10-12 ersion Author McRae Q, ? Our v?? North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Beverly Eaves Perdue, Governor Linda A. Carlisle, Secretary Jeffrey J. Crow, Deputy Secretary October 7, 2010 Suzanne Knudsen S&ME, Inc. 9751 Southern Pine Boulevard Charlotte, NC 28273-5560 Office of Archives and History Division of Historical Resources David Brook, Director Re: Kapstone Paper 4-Inch Natural Gas Line, Roanoke Rapids, S&ME 1357-10-035, Halifax County, ER 10-1782 Dear Ms. Knudsen: Thank you for your letter of September 17, 2010, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and 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, please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above-referenced tracking number. Sincerely, Peter Sandbeck Location: 109 East Jones Street, Raleigh NC 27601 Marling Address 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599