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HomeMy WebLinkAbout20120401 Ver 2_401 Application_201302131 OV o 4-01 U 2- S &ME February 15, 2013 Division of Water Quality, 401 /Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Reference: Modification to Nationwide Permit No. 12 Application SAW- 2010 - 000386 PNG —Line 150 Brunswick and New Hanover Counties, North Carolina ED S &ME Project No. 1357 -12 -001 S &ME, Inc. (S &ME) is submitting this modification to the existing permit for impacts to 'waters of the U.S. in accordance with Department of the Army Nationwide Permit (NWP) No. 12 (SAW- 2010 -0386 Nationwide Permit 12 dated May 10, 2012). S &ME has been providing jurisdictional delineation, Section 404 permitting and related services on behalf of Piedmont Natural Gas (PNG). Accordingly, PNG will be considered the applicant for the proposed project, which involves construction of an approximately 8 -mile natural gas pipeline in Brunswick and New Hanover Counties, North Carolina. The proposed project will provide natural gas service for existing and proposed residential, commercial, and industrial development in the southern portion of New Hanover County and the City of Wilmington in the River Road area. The application and associated permit for the initial 6.3 miles of pipeline included permanent conversion of 0.695 acres of non - riparian wetland, 0.129 acres of riparian wetland and 85 linear feet of temporary stream impacts. This application is for impacts associated an approximately 1.7 mile exte support of this NWP No. 12 application, please find enclosed the fo • Agent Authorization Form • Corps Submittal Cover Sheet • Pre - Construction Notification (PCN) • Appendix I: Figures —Site Vicinity Mn p (Figure 1); USGS '. „r„s•�Y•••• 1•=ara (Figure 2); USDA Soil Survey Map (Figures 3); and 2010 Aerial Photograph Maps (Figures 4A and 4B) • Appendix II: Agency Correspondence • Appendix III: Impact Tables • Appendix IV: Restoration Plan • Appendix V: Jurisdictional Waters of the U.S. Impact Plan Sheets (including bore profiles) S &ME, INC. / 3006 Hall Waters Drive, Suite 100 /Wilmington, NC 28405 -8786 / p 910.799.9945 / f 910.799.9958 / wwwsmeinaoom r� �' Nationwide Permit No. 12 Application SWE Project No. 1357 -12 -001 PNG Line 150 Extension February 15, 2013 BACKGROUND INFORMATION The proposed project will involve installation of approximately 8 miles of 10 -inch natural gas pipeline. For construction purposes, a 50 -foot corridor will be cleared; however, this will be reduced to a construction corridor width of 40 feet and a permanently- maintained easement width of 20 feet in wetland areas and at stream crossings. The initial application and permit covered the initial 6.3 miles of this line. This application covers impacts associated with an approximately 1.7 -mile extension. The proposed pipeline parallels roads and existing easements where feasible. The new pipeline will originate approximately 1.4 miles southwest of Clarendon Road and approximately 0.5 mile north of Town Creek (34.1586 °N, 78.0356 °W) near the U.S. Army railroad easement in Brunswick County, North Carolina. The pipeline continues generally east before crossing the Cape Fear River, turning north to cross Barnards Creek and continues generally north to its terminus on the north side of Sunnyvale Drive in Wilmington, North Carolina (34.1721 °N, 77.9411 °W). The location of the project corridor is depicted on the Site Vicinity Map (Figure 1), appropriate portions of the Wilmington, NC (1993) USGS Topographic Map (Figures 2, 2A, and 213), USDA Soil Survey Maps (Figures 3A, 313, and 3C); and Approximate Stream and Wetland Locations Maps (Figures 4A, 413, 4C, 4D, and 4E). These figures are included in Appendix I. For the purpose of this modified application, only figures associated with the extension are included. The proposed project involves temporary and limited permanent impacts to waters of the U.S. Impacts to waters of the U.S., including streams [perennial Relatively Permanent Waters (RPW)] and wetlands, are limited to one stream crossing, two jurisdictional ditch crossings and 29 wetland crossings for the entire project. The extension itself includes only nine wetland crossings and one jurisdictional ditch crossing. All stream impacts are temporary in nature, and all permanent wetland impacts are for conversion only. Temporary wetland impacts include removal of vegetation, trench excavation, and temporary side - casting of soil. No loss of waters of the U.S. is proposed. High quality wetlands located in the floodplain of the Cape Fear River and wetlands abutting Little Mallory Creek and Barnards Creek will be directionally bored, thus minimizing impacts. Mitigation is proposed at 1:1 for permanent impacts to wetlands associated with the permanent conversion for the extension only. No permanent impacts to streams or jurisdictional ditches are proposed thus stream mitigation is not proposed. FIELD OBSERVATIONS The extension corridor is predominately wooded but also crosses existing utility corridors, maintained/logged areas, as well as roads and driveways. Habitat types within the extension corridor include hardwood/pine flats, bottomland hardwood wetlands, tidal creek floodplain, overhead power line and sewer line easements, and hardwood/pine uplands. The hardwood/pine flat areas were observed south of Barnards Creek, along the west side of River Road, and south of Bryan Road. These areas contain primarily loblolly pine (Pinus taeda), red maple (Acer rubrum), sweet gum (Nyssa sylvatica), and bald cypress (Taxodium distichum) in the canopy and sub - canopy, along with red bay (Persea borbonia) and sweet 2 Nationwide Permit No. 12 Application SWE Project No. 1357 -12 -001 PNG Line 150 Extension February 15, 2013 bay (Magnolia virginiana) in the sub - canopy. The shrub layer in these areas was relatively dense and included giant cane (Arundinaria gigantia), gallberry (Ilex glabra), fetterbush (Leucothoe racemosa), and titi (Cyrilla racemiflora). The sparse herbaceous vegetation included cinnamon fern (Osmunda cinnamonea), and net - veined chain fern (Woodwardia aerolata). The overhead power line and sewer line easements south of Barnards Creek contained a low - shrub and herb layer that included gallberry (Ilex glabra), fetterbush (Leucothoe racemosa), wire grass (Aristida sp.), creeping blueberry (Vaccinium crassifolium), and Sphagnum sp. The headwater wetland/bottomland hardwood wetland located adjacent to the unnamed tributary (UT) to Barnards Creek on the north side of Bryan Road contained a canopy of mostly hardwoods such as red maple (Acer rubrum), and sweet gum (Liquidambar styraciva). The under - canopy contained similar hardwoods and red bay (Persea borbonia). The tidal creek floodplain associated with Barnards Creek contained emergent, herbaceous species including cord grass (Spartina alterniora), cattail (Typha angustifolia), salt grass (Distichlis spicata), common reed (Phragmites australis), and bulrush (Scripus spp) From August 2012 to January 2013, S &ME wetland professionals conducted a jurisdictional delineation of the project corridor to determine the location of jurisdictional waters of the U.S., including wetlands. The delineation was conducted utilizing currently accepted methods for wetland determination as set forth in the 1987 U.S. Army Corps of Engineers ( USACE) Wetlands Delineation Manual and the 2010 Atlantic and Gulf Coastal Plain Regional Supplement, Version 2.0. Furthermore, stream assessments were conducted when necessary in accordance with the N.C. Division of Water Quality (DWQ) and USACE guidelines. The results of this effort determined the presence of 32 jurisdictional wetlands, four perennial streams, one intermittent stream and two jurisdictional ditches (non - stream tributary) located within the entire project corridor, including the extension. Approved Jurisdictional Determination forms and appropriate data forms for delineated areas in the project corridor were previously submitted in Request for Jurisdictional Determination (JD) packages, dated March 2, 2010 (initial) and January 7, 2013 (extension). PROTECTED SPECIES AND HISTORIC SITES S &ME forwarded scoping letters to the North Carolina Natural Heritage Program (NCNHP), the North Carolina State Historic Preservation Office (SHPO), and the U.S. Fish & Wildlife Service (USFWS) on January 12, 2012 for the pipeline extension. 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 which the respective agencies may have. Nationwide Permit No. 12 Application SWE Project No. 1357 -12 -001 PNG Line 150 Extension February 15, 2013 Protected Species On February 16, 2012, the USFWS responded that the project is not likely to adversely impact federally- protected species but raised concerns about impacts to aquatic species from sedimentation and suggested coordination with and permitting through the North Carolina Division of Land Quality. On January 20, 2012, the NCNHP responded with a letter stating that their records indicated that the Barnards Creek natural area is located in the southern portion of the project with a state species of special concern, the diamondback terrapin (Malaclemys terrapin) being present in that area and the possibility of state threatened species, the American alligator (Alligator mississippiensis), also being present. The NCNHP response letter also indicated recent records for a state species of special concern, the southern hognose snake (Reterodon simus) and a state significantly rare species, the black swamp snake (Seminatriz pygaea) in the southern portion of the extension. During the jurisdictional delineation, S &ME personnel observed the project corridor for federally protected species and/or associated habitat. Neither was observed. Historic Sites SHPO responded to S &ME's scoping request with a January 30, 2012 letter stating that they are aware of no historic resources that would be impacted by the extension. Agency responses are included in Appendix III. PROPOSED PROJECT IMPACTS Based on S &ME's findings, 29 of the 32 wetland areas identified within the project corridor will be impacted as a result of the proposed project. Of those, 20 were permitted previously for the initial section of the line. The remaining nine wetland impact areas are proposed in this application and are discussed below. Permanent impacts total 0.650 acres, and will result in conversion only. No loss of wetland is proposed. One jurisdictional ditch will also be temporarily impacted. Impacts to the remaining two streams (Barnards Creek and UT to Barnards Creek) have been avoided by directional drill beneath Barnards Creek and locating the pipeline outside of the unnamed tributary north of Bryan Road. Temporary impacts will be necessary to remove vegetation, excavate a trench for placement of the pipe in wetlands, and to construct one jurisdictional ditch crossing. All jurisdictional areas will be restored to pre- construction grade and contours. The crossing at this ditch will be performed using either the dam - and -pump method or a flume crossing method. Detail sheets showing both of these methods have been included in Appendix VI. Tables outlining the proposed impacts are included in Appendix V, and the impacts are depicted on the attached Jurisdictional Waters of the U.S. Impact Plan Sheets in Appendix V. 4 Nationwide Permit No. 12 Application SWE Project No. 1357 -12 -001 PNG Line 150 Extension February 15, 2013 AVOIDANCE AND MINIMIZATION PNG, in conjunction with McKim & Creed, has designed the proposed project to avoid and minimize impacts to waters of the U.S. to the extent practical. The majority of wetlands adjacent to Barnards Creek will be avoided via directional drill beneath the area. Clearing will be necessary within the project corridor and will result in a temporary cleared width of 50 feet in uplands and 40 feet within wetlands for construction. The project corridor was designed to limit the permanently - maintained corridor to 20 feet in wetlands and at stream crossings. In jurisdictional areas, the remaining 20 feet will be allowed to revegetate using a wetland seed mix detailed in Appendix IV after construction, and this 20 -foot portion of the corridor will not be maintained. Stream crossings were designed to limit impacts by crossing at a near perpendicular angle and boring beneath Barnards Creek. Because the proposed pipeline is a transmission line, it must be afforded a level of protection within a dedicated easement which is not available within the existing maintained NCDOT right -of -way. REGULATORY CONSIDERATIONS The combined width of the temporary construction corridor and the permanent easement will be limited to 40 feet in wetlands and at stream crossings. The proposed project should not result in permanent changes in pre - construction elevation contours or stream dimension, pattern, or profile. Excess material will be removed to a high ground disposal area. Cleared areas will be restored with native vegetation in accordance with the attached Restoration Plan as soon as possible following completion of the work. The one open -trench jurisdictional ditch crossing will be performed either using a pump around system or a flume design so that the impact can be performed in the dry. Detail sheets showing both of those procedures have been included. 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 shall be utilized, and shall be in compliance with specifications governing the proper design, installation, operation, and maintenance of such Best Management Practices. Impacts have been avoided and minimized, and appropriate measures will be taken during construction to allow flow and circulation patterns of waters of the U.S. to remain unaffected. MITIGATION Mitigation for impacts associated with the initial application and permit was coordinated at that time through North Carolina Ecosystem Enhancement Program (NCEEP). A majority of the impacts resulting from the proposed project are temporary. Original grades and contours will be restored in wetland areas and at the jurisdictional crossing. To restore the corridor in wetland areas, PNG will use a native wetland seed mix. This seed mix will be composed of species that are native to New Hanover and Brunswick Counties. The restoration plan submitted with this PCN outlines the seed mix and application methods (Appendix IV). The permanent maintained corridor at jurisdictional crossings will be limited to 20 feet. 5 Nationwide Permit No. 12 Application SWE Project No. 1357 -12 -001 PNG Line 150 Extension February 15, 2013 S &ME has coordinated with the NCEEP to provide in -lieu wetland mitigation for conversion impacts to riparian wetlands only on the extension. We have coordinated with a private mitigation bank, Lower Cape Fear Umbrella Bank, for the conversion impacts to non - riparian wetlands. A total of 0.121 acres of riparian wetland mitigation is being provided by NCEEP, and a total of 0.530 acres of non - riparian wetland mitigation is being provided by Lower Cape Fear Umbrella Bank. A table of the wetland and stream impacts, mitigation ratios, and resulting mitigation requested has been included. Copies of the NCEEP and Lower Cape Fear Umbrella Bank wetland mitigation coverage letters have been included in Appendix III. CLOSING By copy of this correspondence and completed PCN, we are requesting your written concurrence with this NWP No. 12 application. If we can provide additional information or answer questions you may have, please contact us at 910- 799 -9945. Please provide us with a receipt for the application fee, mailed to: Mr. Paul Masten S &ME, Inc. 3006 Hall Waters Drive, Suite 100 Wilmington, North Carolina 28405 Sincerely, S &ME, Inc. ul Masten, P.W.S. Staff Professional IJ"irtt" Attachments 67�;,, ..4tA �s Elizabeth Porter Senior Consultant Copy: Piedmont Natural Gas, Ms. Mara Sikora - Mara.Sikora@piedmontng.com C.9 AGENT AUTHORIZATION FORM, CORPS SUBMITTAL COVER SHEET, and COMPLETED PRE - CONSTRUCTION NOTIFICATION AGENT AUTHORIZATION FORM Date: 6/02/09 Project Information E S &ME Project Name: PNG Line 150 Pipeline Type of Project: Jurisdictional Delineation, Nationwide Permitting Location: Brunswick and New Hanover Counties, North Carolina Property Owner /Representative Information Business Name: Mailing Address: City, State, Zip Code: Telephone No. Contact: Agent Information Business Name: Street Address: City, State, Zip Code: Telephone No. Contact: Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte, NC 28210 (704) 731 -4375 Ms. Mara Sikora, P.E. S &ME, Inc. 3006 Hall Waters Dr., Ste. 100 Wilmington, N.C. 28405 910.799.9945 Masten Authorization: I Y�(Q�CKCc�` on behalf of (Contact Signature) -Pi,dk f�► Gas hereby authorize (Name of Landowner Project Sponsor) S &ME, Inc. to act as agent for the above- mentioned project. Corps Submittal Cover Sheet Please provide the following into: 1. Project Name: PNG Line 150 Extension 2. Name of Property owner /Applicant: Piedmont Natural Gas 3. Name of Consultant/Agent: S &ME, Inc., Paul Masten 'Agent Authorization needs to be attached 4. Related/Previous Action ID Number(s): SAW - 2010 -00386 5. Site Address: N/A 6. Subdivision Name: N/A 7. City: Wilmington 8. County: New Hanover County 34 1527 °N (Ongin) 77.9407 °W (Origin) 9. Lat: 34.1721 °N (Terminus) Long: 77 941 PW (rermmus) (Decimal Degrees Please) 10. Quadrangle Name: Wilmington, NC 11. Waterway: Barnards Creek 12. Watershed: Cape Fear River 13. Requested Action: Nationwide Permit # General Permit # X Jurisdictional Determination Request Pre - Application Request The following information will be completed by Corps office:- AID: Assign number in ORM _ Prepare File Folder Begin Date Authorization: Section 10 Section 404 Project Description/Nature of Activity/Project Purpose: Site/Waters Name: Keywords: O�ot WArl -4; H r o < Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification PC Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ®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? ® 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 1 h 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: Piedmont Natural Gas Line 150 2b. County: New Hanover & Brunswick Belville & Wilmington 2c. Nearest municipality / town: 2d. Subdivision name: N/A tuli 2e. NCDOT only, T.I.P. or state N/A project no: 3. Owner'Information 3a. Name(s) on Recorded Deed: linear project, multiple owners, easements will be purchased 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: easement owner 4b. Name: Ms. Mara Sikora 4c. Business name (if applicable): Piedmont Natural Gas 4d. Street address: P.O. Box 33068 4e. City, state, zip: Charlotte, NC 28233 4f. Telephone no.: 704 - 731 -4375 4g. Fax no.: 704 -731 -4098 4h. Email address: mara.sikora @piedmontng.com 5. Agent/Consultant Information (if applicable) 5a. Name: Paul Masten 5b. Business name (if applicable): S &ME, Inc. 5c. Street address: 3006 Hail Waters Drive, Suite 100 5d. City, state, zip: Wilmington, NC 28405 5e. Telephone no.: 910- 799 -9945 5f. Fax no.. 910 - 799 -9958 5g. Email address: pmasten @smeinc.com Page 2 of 12 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): multiple, linear project Latitude: 34.16189 Longitude: - 78.03584 1 b. Site coordinates (in decimal degrees): 34.17213 -77.94132 (DD DDDDDD) (- DD.DDDDDD) 1 c. Property size: approximately 53 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Little Mallory Creek, Cape Fear River and Barnards proposed project: Creek 2b. Water Quality Classification of nearest receiving water: all C;Sw 2c. River basin: Cape Fear River 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 on the west side of the Cape Fear River consists of primarily of undeveloped woodland including large areas of managed pine stands and hunting land. Developed areas include a golf coures, residences, paved and unpaved roadways and dirt logging roads. An overhead electrical transmission easement is present at the Cape Fear River crossing. The project corridor on the east side of the Cape Fear River consists mostly of undeveloped woodland and borders municipal and residential developments. Little Mallory Creek, the Cape Fear River and Bamards Creek are within the proposed alignment. 3b. List the total estimated acreage of all existing wetlands on the property: 9.019 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 434 linear feet 3d. Explain the purpose of the proposed project: The purpose of the project is to install a new 10 -inch natural gas transmission line that will provide service to proposed industrial, commercial and residentail development in southern New Hanover County. This portion of the county is currently served by an undersized, 6 -inch transmission line that is being leased from Exxon. That lease expires in June 2013. Wetland and stream impacts for the majority of the line were permitted in 2012. This modification takes into consideration impacts associated with an approximately 1.75 -mile extension. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed easement will be 50 -feet wide with a 40 -foot wide construction corridor within which the vegetation will be clear cut using mechanical equipment. The majority of the line will be installed in a shallow, open trench excavated using mechanical equipment. Joints of the pipeline will be welded, the pipe will be lowered into the trench and the trench will be backfilled and stabilized. Directional bore technology will be used to cross under existing roadways, and to pass beneath Little Mallory Creek, the Cape Fear River and Bamards Creek. A permanent 20 -foot wide corridor will be maintained through regular mowing in order to provide constant line -of -sight between the transmission line markers. Equipment to be used on the project include trackhoes, bulldozers, trucks, sidebooms, welding rigs, boring machines /equipment and mechanized land clearing equipment. Page 3 of 12 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 / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: SAW-2010-00386 4b. If the Corps made the jurisdictional determination, what type ® preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: S &ME Name (if known): Paul Masten Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Field visit with Ronnie Smith to verify delineation lines performed on April 8, 2010. Field visit to verify delineation for the extension with Emily Hughes on January 10, 2012. 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. NWP 12 issued May 10, 2012 for the initial section of the line which ended on the east side of the Cape Fear River. Initial impacts included 2.421 acres of permanent wetland conversion and 85 feet of temporary stream impact. This extension will take the line north across Bamards Creek and ending at Sunnyvale Drive. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Construction may begin on the portion of the line on the west side of the Cape Fear River prior to issuance of this modification. Page 4 of 12 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 W1 ❑ P ❑ T See attached ❑ Yes ❑ Corps table ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P [:IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T El Yes El Corps ❑ No ❑ DWQ 2g. Total wetland impacts 6.377 2h. Comments: Impacts are conversion only. Permanent impacts = 3.071 acres, temporary impacts = 3.306 acres for the entire project. 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 M (INT)? other) (feet) feet) S1 ❑ P ®T Pipe crossing UT to Town Creek ® PER ❑ INT ® Corps ® DWQ 5 45 S2 ❑ P ®T Pipe crossing JDD 1 ® PER ❑ INT ® Corps ® DWQ 5 40 S3 ❑ P ® T Corridor UT to Bamards ❑ PER ® Corps 10 81 maintenance Creek ® INT ® DWQ S4 ❑ P ® T Pipe crossing Non - stream Trib 1 ® PER ❑ INT ® Corps ® DWQ 10 41 S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ _F 3h. Total stream and tributary impacts 207 3i. Comments: JDD 1 = Jurisdictional Ditch 1 Page 5 of 12 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 01 ❑ P [IT None 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction prop c 5a. 5b. Pond ID number chart below. 5c. 5d. 5e. ' Wetland Impacts (acres) Stream Impacts (feet) Upland Proposed use or purpose I (acres) of pond Flooded I Filled I Excavated Flooded I Filled I Excavated Flooded P1 None P2 5E Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ®No If yes, permit ID no: 5i. Expected pond surface area (acres): N/A 5j. Size of pond watershed (acres): N/A 5k. Method of construction: N/A 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. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number — Reason Permanent (P) or for 61 ❑P ❑T B2 ❑P ❑T B3 ❑ PEI T 6i. Comments: ❑ Neuse ❑ Tar - Pamlico ® Other: Cape Fear ❑ Catawba ❑ Randleman 6e. I 6f. I 6g. Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) I (square feet) Page 6 of 12 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. There will be no loss of wetland for this project. Impacts will result in conversion only. Of the 50 -foot easement, only 20 feet has been identified to be permanently maintained. This results in avoidance of 6.13 acres of wetland conversion for the entire project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Directional bore technology is being proposed which will result in avoiding 1.30 acres of wetland and 162 linear feet of perennial stream channel. Upon completion of pipeline installation, original grades and contours will be restored in wetland areas and at stream crossings. Impacts will also be minimized by the use of native seed mix to restore wetland areas upon completion of construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps ® Mitigation bank 2c. If yes, which mitigation option will be used for this ® Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Lower Cape Fear Umbrella Bank 3b. Credits Purchased (attach receipt and letter) Type non - riparian wetland Quantity 0.53 ac 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): square feet 4e. Riparian wetland mitigation requested: 0.25 acres 4f. Non - riparian wetland mitigation requested: 0.75 acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: NCEEP provided 0.25 acres of riparian wetland mitigation and 0.75 acres of non - riparian wetland mitigation for the initial pipeline section. Total riparian wetland mitigation required for the entire project totals 0.25 acres. Thus, riparian wetland mitigation for impacts on the entire project (initial and extension) were provided under the initial EEP request. That receipt is attached. Additional non - riparian wetland mitigation (0.53 acres) is being provided by Lower Cape Fear Umbrella Bank. 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. Page 7 of 12 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 buffer mitigation? ❑ Yes ® No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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: Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. 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. ❑ Yes El No Comments: 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: No impervious surfaces proposed 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ 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? City of Wilmington and Brunswick County ® 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 4a. Which of the following state - implemented stormwater management programs apply ❑ HQW ❑ 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 12 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)? - 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: 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): 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. This line will provide natural gas service to areas currently developed or for which development permits have been obtained. During the permitting of that development, water quality concerns would have been addressed. Further, in this area natural gas utility alone would not allow for increased development density or development in previously undevelopable areas, as would municipal wastewater service into previously unincorporated areas, or into low -lying areas unsuitable for septic systems. 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. No wastewater will be generated by the project. Page 10 of 12 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? North Carolina Natural Heritage Virtual Workroom, U.S. Fish and Wildlife Service ( USFWS) North Carolina County species list, and scoping letters to NC Natural Heritage Program (NCNHP) and USFWS. Scoping letter sent to USFWS and NCNHP. Those responses are included for your review. 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? National Marine Fisheries website and NC Division of Marine Fisheries website. NMFS has no Essential Fish Habitat mapped for the portion of the Cape Fear River in the project corridor. However, DMF has designated the shallow areas along the river as Primary Nursery Area. We propose to directional bore beneath the Cape Fear River and associated wetlands and will avoid those areas. 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? Scoping letter to NC State Historic Preservation Office ( NCSHPO) contacted. An assessment of the entire project corridor was performed by S &ME personnel including literature review, shovel tests and artifact classification. The corridor was re- routed on the western end to avoid cultural resources, a bore was included to avoid another site beneath a private drive, and the bore entry on the west bank of the Cape Fear was located to avoid impacts to cultural resources as well. A copy of the S &ME Cultural Resources report has been included. Coordination with NCSHPO concerning identified cultural resources is ongoing. 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: Directional bore technology will be used at the three areas containing the 100 -year floodplain (Little Mallory Creek, Cape Fear River and Bamards Creek). This will result in the line being placed well below the bottom of the channel and thus would not be affected by flood events. 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Maps L She U N �/ Date Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version Applicant/Agent's Printed Name Applicant/Agents Signature (Agent's signature is valid only N an authorization letter from the applicant is provided.) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version FIGURES 0 1 2 Miles SCALE: 1 = 1 mile t-S&ME WWW.SMEINC.COM DATE: 02 -07 -13 DRAWN BY: DDH 'ROPOSAL NO: VIF,7 -1 i -niQ I ENGINEERING LICENSE NO F -0176 -� Proposed Line 150 Extension Alignment f Sources: Esri, - Line 150 Alignment Japan, METI, FIGURE NO SITE VICINITY MAP LINE 150 EXTENSION 1 PIEDMONT NATURAL GAS NEW HANOVER COUNTY, NORTH CAROLINA Q:\1357\2012 \12 -001 PNG River Road \Fig2_Topo.mxd Q: \1357\2012 \12 -001 PNG River Road \Fig3_s oils. mxd Pxw'SlV12i3V 46! -A\PeO8 J9A!H JNd LOO- ZL\ZLOZ\LS£L6O Q:\1357\2012 \12 -001 PNG River Road \Fig4_AERIALS.mxd AGENCY CORRESPONDENCE !r 1_ EnEiWrP,k,Fnt te PROGRAM February 12, 2013 Mara Sikora Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte, NC 28210 Expiration of Acceptance: August 12, 2013 Project: PNG Line 150 Extension County: New Hanover The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) 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 NCEEP will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP 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 SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by S.L. 2011 -343. 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 NCEEP. Once NCEEP 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 to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies. Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Sincerely, (;�C� Suzann limek Acting Director cc: Karen Higgins, NCDWQ Wetlands /401 Unit Emily Hughes, USACE - Wilmington Chad Coburn, NCDWQ - Wilmington Doug Huggett, NCDCM- Morehead City Paul Masten, agent File A tori ng... E ... Pro Ocr,Y Sta g ME� R ENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 -919 -707 -8976 / www.nceep.net River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian Non-Riparian Coastal Marsh Impact Cape Fear 03030005 0 0 0 0.12 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Sincerely, (;�C� Suzann limek Acting Director cc: Karen Higgins, NCDWQ Wetlands /401 Unit Emily Hughes, USACE - Wilmington Chad Coburn, NCDWQ - Wilmington Doug Huggett, NCDCM- Morehead City Paul Masten, agent File A tori ng... E ... Pro Ocr,Y Sta g ME� R ENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 -919 -707 -8976 / www.nceep.net LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY February 20, 2013 TO: Paul Masten FROM: Lower Cape Fear Umbrella Mitigation Bank S&ME, Inc. c/o Land Management Group, Inc. 3006 Hall Waters Drive, Suite 100 3805- ANrightsville Avenue, Suite 15 Wilmington NC 284OS -8786 Wilmington, NC 28403 Project: PNG - Line 1S0 Extension (USACE Action Id: Not Provided) Dear Paul: Pursuant to your recent credit request, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing preliminary acceptance to supply non - riparian wetland compensatory mitigation credits for impacts associated with the Piedmont Natural Gas (PNG) Line 150 Extension Project in the Lower Cape Fear River Basin (CU 0303005). Please refer to the table below depicting the pending credits to be available (anticipated March 15, 2013) and the credits requested via your recent email transmittal. Note that the LCFUMB provides wetland credits in 0.10 -acre increments. Based upon receipt of your email transmitted on February 15 (2013), LCFUMB will reserve 0.6 non - riparian wetland credits for a period of up to 90 days from the date of the first credit release of the Bank: Note that requests to reserve credits beyond 90 days may require a deposit of up to 5% of the credit transfer fee. Upon request for credit transfer, LCFUMB will issue an invoice in the amount of $28,986.60. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. LCFUMB and /or its agents are not responsible for determining the applicants mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at coreziosi@lmgroup.net. Sincerely, Land Managemen roup, Inc. (agent for LCFUMB) 4ristiaLn 4Prezios Section Manager Number of Credits To Be Mitigation Type Total Bank Credits Available (anticipated release date of Credits Requested Credits Reserved March 15, 2013 ) Stream 4,832 725 �0 0 Non- Riparian Wetland 66.1 6.6 0.53 0.6 Riparian Wetland 93.7 9.4 0 0 Note that the LCFUMB provides wetland credits in 0.10 -acre increments. Based upon receipt of your email transmitted on February 15 (2013), LCFUMB will reserve 0.6 non - riparian wetland credits for a period of up to 90 days from the date of the first credit release of the Bank: Note that requests to reserve credits beyond 90 days may require a deposit of up to 5% of the credit transfer fee. Upon request for credit transfer, LCFUMB will issue an invoice in the amount of $28,986.60. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. LCFUMB and /or its agents are not responsible for determining the applicants mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at coreziosi@lmgroup.net. Sincerely, Land Managemen roup, Inc. (agent for LCFUMB) 4ristiaLn 4Prezios Section Manager United States Department ®f the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636 -3726 February 16, 2012 Joey Lawler S&ME, Inc. 9751 Southern Pine Boulevard Charlotte, NC 28273 Re: PNG River Road rrujcui- New Hanover Cuunty, NC 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.Avs.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 for a 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 file 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 terjn "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. Iiowever,-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 fonnally 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 constriction 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 (littp: / /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 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 Cun ituck 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 4 Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson NCD North Carolina Department of Environment and Natural Resources Office of Conservation, Planning, & Community Affairs Beverly Eaves Perdue, Governor Linda Pearsall, Director Dee Freeman, Secretary_ January 20, 2012 Mr. Joey Lawler S &ME, Inc. 9751 Southern Pine Boulevard Charlotte, NC 28273 -5560 Subject: PNG River Road Project— 1.8 miles of pipeline; Wilmington, New Hanover County S &ME Project No. 1357 -12 -001 Dear Mr. Lawler: The Natural Heritage Program has several records of rare species and natural areas close to the project area. We have records of road - killed rare snakes — the State Special Concern Southern Hognose Snake (Heterodon simus) and the State Significantly Rare Black Swamp Snake (Seminatrixpygaea) from the southern end of the project area. The Bamards Creek natural area, of County significance, encompasses the marshes along this creek, in the project site; and the State Special Concern Diamondback Terrapin (Malaclemys terrapin) is present in the site. The State Threatened American Alligator (Alligator mississippiensis) might well occur in Barnards Creek and in the marshes; we have a record for it upstream of the project area. The main concern for our Program is to avoid sedimentation into Barnards Creek, and avoid if at all possible impacts to the marshes along the creek. Installation of a pipeline is not expected to impact the snakes or other terrestrial plant and animal species. You may wish to check the Natural Heritage Program database website at www.nenhp.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.ne.us/ public /virtual— workroom.phtml >. The user name is "guest" and the password is your e-mail address (see instructions on log -in screen). You -may want to click "Help" for more information. Please do not hesitate to contact me at 919 - 707 -8603 if you have questions or need further information. Sincerely, Harry E. LeGrand, Jr., Zoologist Nawral Heritage Program 1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 Phone: 919 - 715 -41951 FAX: 919 - 715 -3060 Internet: www.oneNCNaturally.org An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NonrthCarolina Na&rallbl IMPACT TABLES PREVIOUSLY PERMITTED IMPACTS Totals 276,823 6.355 77,722 1.793 105,468 2.421 LINE EXTENSION IMPACTS Total Riparian 5,681 sq It 0.129 ac Non - riparian 30,257 sq ft 0.695 ac Wetland Area in corridor Temporary Impacts Permanent Impacts Mitigation impact Mitigation Area Mitigation Wetland unit number Flag line sq ft acres sq ft acres sq ft acres required (sq ft Ratio (sq ft Riparian 1 NA R 116 0.003 0 0.000 0 0 000 No NA NA NA Yes 2 1 AB 642 0.015 275 0.015 126 0.003 No NA NA NA No 3 2 T/U 41,430 0 951 16,628 0.382 16,483 0 378 No NA NA NA No 4 3 V/W/X 26,653 0.612 10,789 0.248 10,242 0.235 Yes 10,242 0.5.1 5,121 Yes 5 4 Z/AA 33857 0 777 13,515 0.310 13,475 0 309 No NA NA NA No 6 5 DD /CC 631 0 015 352 0.008 279 0 006 No NA NA NA No 7 6 EE 528 0.012 352 0.008 85 0.002 No NA NA NA No 8 7 FF 5,325 0122 2,006 0.046 1,889 0 043 Yes 1,889 0 5:1 945 No 9 8 KK/LUOO 77,864 1.788 0 0.000 30,541, 0.701 Yes 1,000 0.5:1 500 Yes 10 9 PP 4,062 0.093 1,728 0.040 887 0.020 No NA NA NA No 11 10 CUCK 15,789 0 363 6,769 0.155 6,289 0144 Yes 6,289 1:1 6,289 No 12 11 CI /CJ 1,364 0.031 468 0.011 660 0.015 Yes 660 1:1 660 No 13 12 CG/CH 4,588 0105 1,875 0.043 1,592 0.037 Yes 1,592 1:1 1,592 No 14 13 CE/CF 20,359 0 467 8,074 0.185 8,837 0.203 Yes 8,837 1:1 8,837 No 15 14 CB /CC 8,884 0204 3,544 0.081 3,471 0.080 Yes 3,471 1:1 3,471 No 16 15 N /CA 14,611 0.335 6,124 0.141 5,003 0.115 Yes 5,003 1:1 5,003 No 17 16 A 1,384 0 032 534 0.012 395 0.009 Yes 395 1:1 395 No 18 17 CO 6,169 0.142 2,450 0.056 2,498 0.057 Yes 2,498 1:1 2,498 No 19 18 CM /CN 962 0 022 365 0.008 567 0.013 Yes 567 1:1 567 No 20 19 QQ/RR 1,310 0.030 547 0 013 754 0.017 No NA NA NA No 21 20 SS/TT 2,950 0.068 1,327 0.030 1,395 0.032 No NA NA NA No 22 NA UU 7,074 0.162 0 0 000 0 0.000 No NA NA NA Yes 23 NA W 271 0.006 0 0 000 0 0.000 No NA NA NA Yes Totals 276,823 6.355 77,722 1.793 105,468 2.421 LINE EXTENSION IMPACTS Total Riparian 5,681 sq It 0.129 ac Non - riparian 30,257 sq ft 0.695 ac Totals 116,013 2.664 65,975 1.513 28,348 (::0.65)0 Total Riparian 5,267 sq ft 0.121 ac Non - riparian 23,081 sq ft 0.53 ac Wetland Area in corridor Temporary Impacts Permanent Impacts Mitigation impact Mitigation Area Mitigation Wetland unit number Fla line s ft acres s ft acres s ft acres required s ft Ratio s ft Riparian 24 21 C 22,462 0.516 30,748 0.704 10,613 0.244 Yes 10,613 1:1 10,613 No 25 22 K 668 0 016 561 0 013 266 0 006 Yes 266 1:1 266 No 26 23 C 51,954 1.193 0 0.000 2,850 0.065 Yes 2,850 1:1 2,850 Yes 27 24 L 2,765 0.064 2,588 0.059 1,297 0.030 Yes 1,297 1:1 1,297 No 28 25 M 1,430 0.033 1,430 0.033 775 0.018 Yes 775 1:1 775 No 29 26 N 6,241 0.143 6,241 0.143 0 0 No NA NA NA NA 30 27 G 1,555 0.036 1,555 0.036 945 0.022 Yes 945 1:1 945 No 31 28 H 23,841 0.547 18,805 0.432 9,185 0.211 Yes 9,185 11 9,185 No 32 29 I/F 5,097 0.117 1 4,047 1 0.093 1 2,417 1 0.055 Yes 1 2,417 1:1 2,417 1 Yes Totals 116,013 2.664 65,975 1.513 28,348 (::0.65)0 Total Riparian 5,267 sq ft 0.121 ac Non - riparian 23,081 sq ft 0.53 ac PREVIOUSLY PERMITTED IMPACTS Totals 211 85 LINE EXTENSION IMPACTS Stream/water unit Stream impact Flag line Stream name Width in corridor Temporary Impact Permanent Impacts Perennial Mitigation Stream/water unit number Flag line Stream name linear feet linear feet linear feet /intermittent Mitigation 1 1 S UT to Town Creek 56 45 0 perennial Not required 2 2 SMM Little Mallory 55 0 0 perennial NA 3 NA UU /NHW Cape Fear 50 0 0 perennial NA Juridictional Ditch 1 JD Impact 1 JD NA 50 40 0 perennial Not required Totals 211 85 LINE EXTENSION IMPACTS Stream/water unit Stream impact number Flag line Stream name Width in corridor linear feet Temporary Impact linear feet Permanent Impacts linear feet Perennial /intermittent Mitigation 4 NA NHW Bamards Creek 57 0 0 perennial NA 5 NA S2 UT to Barnards Creek 115 81 0 intermittent NA Non - stream Tnb 1 Non - stream Trib 1 S1 NA 51 41 0 perennial Not required Totals 223 122 RESTORATION PLAN RESTORATION PLAN PNG Line 150 Extension Project Wilmington, North Carolina The proposed project has been designed to avoid and minimize jurisdictional impacts where practicable. As part of mitigation for unavoidable impacts, the following plan shall be implemented to restore temporarily- affected wetlands and streams. This plan entails restoration of temporarily- disturbed areas to their original contours and conditions to the degree practicable upon project completion. Further, disturbed wetland areas and streambanks will be permanently stabilized with a native vegetative cover. Affected streambanks will also be planted with woody species. The measures outlined below will be specified in the contract documents prepared for construction of the proposed project. Proposed restoration activities will include removal of temporarily- placed fill material and restoration of original pre - disturbance contours. Excavated material shall be returned to the trench to the extent possible, and remaining material relocated and retained on an upland site. Excavated topsoil will be stockpiled separately and then replaced uniformly over the area of excavation from which it was removed. The native seed mix identified in Table 1 below will be utilized within temporarily- disturbed portions of the corridor comprised of wetlands. Table 1: Wetland Seed Mix Species Common Name Percentage of Mix El mus ri arius Riverbank wild rye 20 A rostis stolonifera Creeping bent grass 15 Carex vul inoidea Fox sedge 12 Panicum vir atum Switch grass 15 Poa palustris Fowl bluegrass 15 Dichanthelium clandestinum Deer tongue 08 Bidens aristosa Bidens 04 Juncus effusus, NC Ecotype Soft rush 04 Aster lateriflorus Calico aster 03 Sa ittaria latifolia Duck potato 02 Saururus cernuus Lizards tail 02 100 • Wetland Seed Mix to be applied to all wetland areas extending five feet landward following construction. • Recommended application rate: 20 -25 lbs. per acre. At temporarily- affected streambanks, the native riparian seed mix specified in Table 2 below shall be utilized. Restoration Plan S &ME project No. 1357 -12 -001 PNG Line 150 Extension February 5: 2012 Table 2: Riparian Seed Mix* Species Common Name Percenta a of Mix El mus vir inicus Virginia wild rye 15 Panicum virgatum Switch grass 15 A ostis stolinifera Creeping bent grass 10 Rudbeckia hirta, NC eccitype Black-eyed Susan 10 Coreo sis lanceolata Lance leaf tickseed 10 Panicum clandestinum Deer tongue 10 Andro o on gerardfi Big bluestem 05 Juncus effusus Soft rush 05 Echinochloa muricata Awned barnyard grass 05 Schizach rium sco arum Little bluestem 05 Sorphastrum nutans Indian grass 05 Tri sacum dactyloides Gamma grass 05 100 • Riparian Seed Mix to be applied to all disturbed streambanks, extending five feet landward following construction. • Recommended application rate: 20 -25 Ibs per acre Additionally, affected banks of stream crossings will be stabilized with coir matting and revegetated using native woody species. In the event that restoration of the temporarily - impacted streams occurs during the dormant season, woody plantings will likely consist of a combination of live stake and bare root species (Table 3). In the event that restoration takes place during the growing season, supplemental plantings will likely consist of containerized species (Table 4). Table 3: Live Stake and Bare Root Species* Species Common Name Plant Spacing Corpus amomum Silky dogwood 2 feet on center Physocarpos opulifolius Ninebark 3 feet on center Salix caroliniana Carolina willow 1 foot on center Salix nigra Black willow 1 foot on center Salix sericea Silky willow 2 feet on center Sambucus canadensis Elderberry 3 feet on center Symphoricarpos orbiculata Coral Berry 2 feet on center 'For use when planting during the dormant season Select at least three of the listed species. 2 Restoration Plan SWE project No. 1357 -12 -001 PNG Line 150 Extension February 5. 2012 Table 4: Containerized Species Composition* Species Common Name Plant Spacing Alnus serrulta Tag alder 5 feet on center Aronia arbutifolia Red chokeberry 5 feet on center Callicarpa Americana Beautyberry 5 feet on center Carpinus caroliniana Ironwood 5 feet on center Cercis canadensis Redbud 5 feet on center Corpus amomum Silky dogwood 5 feet on center Fraxinus caroliniana Carolina ash 5 feet on center Lindera benzoin Spicebush 5 feet on center Ilex verticillata Winterberry 5 feet on center Persea borbonia Redbay 5 feet on center Sambucus Canadensis Elderberry 5 feet on center "For use when planting during the growing season. Select at least two of the listed species. Substitutions to the species identified in Tables 3 and 4 may be made based on availability and approval of S &ME. Restoration Plan Prepared By: SBME, Inc. 9711 Southern Pine Blvd. Charlotte, N.C. 28273 704.523.4726 jlawlerCc�smeinc.com North Carolina Suppliers of native seed and plant material: Coastal Plain Conservation Nursery 812 Drummonds Point Road Edenton, N.C. 27932 p. 252.482.5707 http : / /www.coastalplainnursery.com Mellow Marsh Farm 1312 Woody Store Road Siler City, N.C. 27344 919.742.1200 919.742.1280 fax www.mellowmarshfarm.com Natives 550 East Westinghouse Boulevard Charlotte, N.C. 28273 688.527.1177 plants - Plantnative.net 3 JURISDICTIONAL WATERS OF THE U.S. IMPACT PLAN SHEETS