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HomeMy WebLinkAbout20130101 Ver 2_401 Application_20130413LETTER OF TRANSMITTAL S &ME, Inc. 9751 Southern Pine Blvd. Charlotte, NC 28273 (704) 523-4726 (704) 525 -3953 fax N.C. Division of Water Quality 401 Wetlands Unit 512 North Salisbury Street Raleigh, North Carolina 27604 Attention: Ms. Karen Higgins 13-Wo1v2 S&ME DATE: 04.25.13 JOB NO: 1357.13.004 ATTENTION: Ms. Karen Higgins RE: PNG Neuse River HDD 5 R f WE ARE SENDING YOU: ® Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Draft ❑ Copy of letter ❑ Report the following items: ❑ Specifications COPIES DATE NO DESCRIPTION 5 04.25.13 1 Copies of PCN 1 2 CD with electronic copy of PCN 1 3 Check for $240 THESE ARE TRANSMITTED AS CHECKED BELOW: ® For approval ® For your record ❑ As requested ❑ For review and comment ❑ ❑ FORBIDS DUE: _/ / ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: Karen: Please find the attached PCN. Please let me know if need anything else. Thank you — Joey SIGN: Foary` 0 02 F APR 2 g 2013 S &ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273 -5560 / p 704.523.4726 f 704 525.3953 / www smeinc.com April 25, 2013 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -5006 Attention: Mr. Thomas Brown N.C. Division of Water Quality 401 Wetlands Unit 512 North Salisbury Street Raleigh, North Carolina 27604 Attention: Ms. Karen Higgins Reference: Pre - Construction Notification: NWP No. 12/WQC No. 3884 and Section 10 Permit PNG Neuse River HDD Johnson County, North Carolina S &ME Project No. 1357 -13 -004 Dear Mr. Brown and Ms. Higgins: On behalf of Piedmont Natural Gas (PNG), S &ME, Inc. (S &ME) is pleased to submit this application for impacts to waters of the U.S. in accordance with Nationwide Permit (NWP) No. 12 and the corresponding North Carolina Water Quality Certification (WQC) No. 3884. The project will also require Section 10 authorization. PNG, the project sponsor, will be considered the applicant. The project entails relocation of a segment of natural gas pipeline in Havelock, North Carolina, and will involve no loss of waters of the U.S. In support of this application, please find enclosed the following: • Figures: Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2) and 2010 Aerial Photograph (Figure 3) • Appendix I: Completed Pre - Construction Notification (PCN) and Authorization to Act as Agent • Appendix II: Line 5B Looping Permit Authorization Letters • Appendix III: Site Photographs • Appendix IV: Jurisdictional Boundary and Profile Drawings • Appendix V: Restoration Plan S &ME, INC. / 9751 Southern Pine Blvd / Charlotte, NC 28273 / p 704.523.4726 f 704.525.3953 / www.smeinc.com Pre - Construction Notification SWE Project No. 1357 -13 -004 Neuse River HDD Protect April 25, 2013 This Pre - construction Notification (PCN) is being provided to the U.S. Army Corps of Engineers ( USACE) for approval, and complies with applicable conditions of NWP No. 12. Written concurrence from the North Carolina Division of Water Quality ( NCDWQ) is also required because the proposed project is located in a watershed subject to protected riparian buffers. A copy of the completed PCN form and Authorization to Act as Agent are included in Appendix I. GENERAL PROJECT INFORMATION The purpose of the project is to replace a 16 -inch segment of PNG's Line 5B located beneath the Neuse River with a new 10 -inch segment. The new pipe will be installed via horizontal direction drill (HDD). The project area originates on the west side of the river (35.352052, - 78.18223) and will extend east for approximately 1,000 linear feet (If) to the opposite side of the river (35.354336, - 78.177692). The HDD entry and exit points will be located within high ground portions of PNG's existing 50 -foot wide utility easement. The location of the project corridor is depicted on the Site Vicinity Map (Figure 1), on a portion of the Grantham, N.C. USGS Topographic Quad Sheet (Figure 2), and in an Aerial Photograph dated 2010 (Figures 3). The project area directly abuts a separate PNG project (Line 5B Looping) which recently received approval from the USACE (SAW- 2013 - 00257) and NCDWQ (Express No. 13- 0101). As the Neuse River HDD project is located within the survey corridor assessed as part of the Line 5B Looping, we will rely upon that project's wetland delineation, protected species and historic properties assessments. Copies of the aforementioned USACE and NCDWQ permit authorizations for the adjacent Line 5B Looping are included in Appendix II. PNG's pipeline system is subject to extensive state and federal regulations and requirements, and at the Federal level, these regulations fall under the Department of Transportation (D.O.T.). As a result of current Federal D.O.T. requirements, all pipeline owners, including PNG, are required to inspect and assess the safety and integrity of transmission pipelines on an ongoing basis through the use of specific pipeline assessment tools. One of the assessment tools required by D.O.T. is the use of an in -line inspection device (ILID). Such devices physically travel through the pipeline, continuously taking measurements and recording data that allow the pipeline to be assessed in terms of its structural integrity and to identify any areas that require further inspection, assessment, and potential repair or remediation. The 16 -inch pipe segment renders that portion of the line incompatible with an ILID designed for the main adjoining, 10 -inch pipe. As a result, PNG is proposing to connect the 10 -inch pipe segments together by replacing the 16 -inch segment beneath the river with a 10 -inch segment capable of utilizing the ILID, as mandated by D.O.T. This option will best meet D.O.T. inspection and assessment requirements, and allow PNG to remain in compliance with federal safety regulations. 2 Pre - Construction Notification SWE Project No. 1357 -13 -004 Neuse River HDD Protect April 25, 2013 The new segment of pipe will be installed near the edge of PNG's existing right -of -way (ROW), and as such, will require clearing and maintenance of an additional 25 -foot wide strip along the west side of the river. On the east side of the river, the width of the newly - maintained ROW will vary, but will not exceed 25 feet. The old 16 -inch pipe segment will be grouted and retired in place following construction of the new 10 -inch segment. Establishment and maintenance of the additional ROW at the location of the replacement segment is required to support: 1) leakage surveys from ground mobile units or aerial technology; 2) aerial patrolling for possible encroachment activity near the pipeline; 3) aid in identification of possible repairs and maintenance; 4) promotion of damage prevention in that the easement can be more easily identified by the public, and; 5) minimization of potential canopy encroachment, which creates visibility concerns. The proposed activities will not involve stream impacts. However, construction of the new ROW will result in minor wetland conversion and affect Neuse River riparian buffers. The project will not result in a loss of waters of the U.S., but will convert 1,612 square feet (0.02 acre) of forested wetlands to herbaceous wetlands in order to maintain the additional ROW above the new pipe. An additional 1,818 square feet (0.04 acre) of forested wetlands will also be temporarily impacted to create stringing space for the new pipe segment prior to its installation beneath the river. With respect to riparian buffers, 434 square feet (0.01 acre) of Zone 1 and 362 square feet (0.01 acre) of Zone 2 will be converted from forest to grass- covered area. There will be no impacts to the Neuse River, as the pipeline will be installed beneath the waterway via HDD. EXISTING ENVIRONMENT The proposed pipeline is located in a rural portion of the Coastal Plain physiographic province, and crosses the Neuse River (NCDWQ No. 27- [49.5], HUC Code, 03020201, DWQ Class WS -IV, NSW). Land use in the vicinity of the project corridor consists primarily of agricultural land, undeveloped forest and widely- scattered residential development. Soil types in the vicinity of the project corridor include Chewacla Loam (0 -2 percent slopes), State sandy loam (0 -3 percent slopes) and Altavista fine sandy loam (0 -2 percent slopes). Chewacla loam is classified as hydric soils. The project area will abut an existing gasline easement that is maintained in an herbaceous state. Commonly observed species within the existing ROW included dense stands of blackberry (Rubus sp.), broomsedge (A. virginicus), poke (Phytolaca Americana), sericea lespedeza (Lespedeza cuneata), dandelion (Taraxacum officinale), Queen Anne's lace (Daucus carota), big bluestem (Andropogon gerardii), dogfennel (Eupatorium capillifolium), goldenrod (Solidago sp.) and various grasses (Festuca spp.). Portions of the ROW had also been planted by landowners to attract wildlife, and were vegetated with a mix of forage species, including purple -top turnip (Brassica campestris). Woody saplings observed within less - frequently maintained portions of the ROW included elderberry (Sambucus canadensis), black cherry (Prunus serotina) and sweetgum (Liquidambar styracifZua). Vines included muscadine grape (Vitis rotundifolia), Japanese honeysuckle (Lonicera japonica) and poison ivy (Toxicodendron radicans). Adjacent wooded areas were vegetated with black cherry, winged sumac 3 Pre - Construction Notification SWE Project No. 1357 -13 -004 Neuse River HDD Protect April 25, 2013 (Rhus copallina), red maple (Acer rubrum), river birch (Betula nigra), tulip tree (Liriodendron tulipifera), American sycamore (Platanus occidentalis) and giant cane (Arundinaria gigantia). Photos of the project corridor are included in Appendix III. DESCRIPTION OF THE PROPOSED WORK Construction of the new pipeline will first involve identification of the clearing limits, followed by aboveground removal of woody vegetation from the proposed ROW by mechanical means or hand - clearing, as appropriate. Efforts will be made to remove surface vegetation in a manner that minimizes disturbance of the forest floor, and prevents exposure of soil. A temporary equipment crossing will be installed along one side of the ROW to facilitate equipment passage and prevent excessive rutting and ground disturbance in the wetlands. Appropriate sediment and erosion control measures will be installed to prevent sedimentation of jurisdictional features as a result of construction. Streambank vegetation within the corridor will be hand cleared, and introduction of logging debris into the creek will be avoided to the extent practicable. An equipment crossing of the Neuse River is not required. The HDD will begin in high ground approximately 360 feet from the west side of the Neuse River. The pipe will be installed beneath the river and tie back to the existing pipe in high ground approximately 185 feet east of the river. Where the pipe crosses beneath the Neuse River, it will be located approximately 30 feet below the streambed. Because the pipe will be installed via HDD no grubbing or belowground removal of wetland vegetation will be required. Select portions of the ROW may require rough grading to facilitate safe passage of equipment, and to prepare a suitably -level work surface. Appropriate sediment and erosion control measures will be installed following initial soil disturbance as the project progresses. Within the wetland area, timber mats will be employed for equipment to work and travel on, if necessary. During construction, the pipe will be strung and placed on skids (wooden pedestals) along the new ROW. The pipe segments will be welded together, x -rayed and inspected for structural integrity, and then pulled back through the hole created by the drill rig. Affected areas will then be "cleaned up" by rough - grading and application of temporary seeding (if necessary), followed by final grading, permanent seeding and mulching to restore the ROW as closely as possible to pre- disturbance contours and conditions. Areas within wetlands that temporarily are disturbed will be seeded with a customized wetland seed mix. JURISDICTIONAL AREAS AND PROJECT IMPACTS Jurisdictional wetlands and the limits of the Neuse River within the project area were previously delineated by AK Environmental, LLC as part of a survey corridor for the adjacent Line 5B Looping Project (SAW- 2013 -00257 and DWQ Express No. 13- 0101). The delineation was approved by Emily Greer of the USACE on March 7, 2013, and was 4 Pre - Construction Notification SWE Project No. 1357 -13 -004 Neuse River HDD Protect April 25, 2013 relied upon for purposes of mapping and quantifying impacts associated with this project. The approved jurisdictional boundaries are identified on the attached drawings (Appendix IV), and are limited to two wetlands areas: W108 and WI 13. Impacts to W108 will consist of permanent cover conversion, while impacts to WI 13 are temporary. Wetland and buffer impacts are summarized in Tables 1 and 2, respectively. Table 1: Wetland Impact Summary Wetland ID* Type of Impact Vegetation Type Relation to Waterbody Area of Impact (acre) W108 Cover Conversion Forested Riparian 0.02 W113 Temporary Impact Forested Riparian 0.04 796 River (HDD) Total: 0.06 *Wetland ID established by AK Environmental, LLC Table 2: Riparian Buffer Impact Summary Stream ID Crossing Type Impacts (sf) Total (sf) Zone 1 Zone 2 Neuse Trenchless 434 362 796 River (HDD) Wetland impacts associated with the proposed project will result from aboveground vegetation removal within the new permanent maintenance corridor that will not exceed 25 feet in width. Mechanized equipment will need to access the corridor to remove felled timber, place timber mats and set up the HDD operation. Within the wetlands, no trench excavation or temporary sidecasting of material will be required. The project will result in a minor amount of forested wetland conversion, to herbaceous wetlands, but will not result in a loss of waters of the U.S. Following construction, disturbed wetlands within the temporary work space will be seeded with a native wetland seed mix and allowed to return to the pre- disturbance state naturally. ADDITIONAL REGULATORY CONSIDERATIONS Neuse River Riparian Buffer Rules The project is subject to the Neuse River riparian buffer regulations. The proposed project will impact 434 sf of Zone 1 buffer and 362 sf of Zone 2 buffer. To determine the project's applicability to the buffer rules, S &ME contacted Martin Richmond of NCDWQ's Raleigh Regional Office on April 16, 2013, and provided him with information relating to the project's location and its proposed activity. Mr. Richmond indicated that, given the project's location, a site visit to determine its applicability to the buffer regulations should not be required. However, because the new maintenance corridor will exceed 10 feet in width, the project is considered "allowable," but mitigation is not required. Section 10 Permit Because the pipeline will be installed beneath a navigable waterway (the Neuse River), authorization from the USACE under Section 10 of the Rivers and Harbors Act is also required. The proposed project will not affect the river, as the pipe will be installed 5 Pre - Construction Notification SWE Project No. 1357 -13 -004 Neuse River HDD Protect April 25, 2013 beneath the waterway via HDD, and will be located approximately 30 feet below the streambed. A profile drawing of the Neuse River HDD is included in Appendix IV. Protected Species and Historic Properties The project as proposed should comply with applicable sections of the Endangered Species Act (ESA) of 1973 (16 USC 1531 -1543) and Section 106 of the National Historic Preservation Act. The project area is located within the survey corridor recently assessed by AK Environmental, LLC in connection with the aforementioned Line 5B Looping Project, which was approved by the USACE on March 7, 2013. Sediment and Erosion Control 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 in compliance with specifications governing the proper design, installation, operation and maintenance of such best management practices to comply with the appropriate turbidity water quality standard. Avoidance and Minimization Installation of the new pipe segment adjacent to an existing ROW should minimize impacts to waters of the U.S. and limit habitat fragmentation. Impacts to the Neuse River will be avoided by installing the pipe via trenchless methods. Wetland impacts will also be minimized during construction by avoiding belowground vegetation removal. Wetland vegetation will be cut at ground level, leaving existing root systems in place to promote re- growth. Equipment mats will be employed where necessary to lessen ground disturbance, and construction equipment operating within the area will be limited to that necessary for clearing, HDD rig setup, stringing and restoration activities. Within wetlands, yearly vegetation maintenance will be conducted within a new corridor not exceeding 25 feet in width. Secondary and Cumulative Impacts The purpose of the project is to replace a segment of natural gas pipe to accommodate use of an ILID and achieve compliance with current Federal D.O.T. requirements. As such, the project is not considered growth- inducing and is not intended to serve as an impetus for expansion of development, and should not result in secondary impacts, or contribute to cumulative impacts. MITIGATION The project will not result in a loss of waters of the U.S., and the USACE does not generally require mitigation to compensate for conversion of forested wetlands to herbaceous wetlands when such impacts do not exceed 0.10 acre. Similarly, mitigation for wetland impacts that do not exceed one acre is not required by NCDWQ. Further, because the pipeline will cross beneath the Neuse River, the project will not result in stream impacts, nor require stream mitigation. Mitigation has been provided by avoidance and minimization procedures implemented during the design phase of the proposed project. Impacts will be minimized by: 1) use of 0 Pre - Construction Notification SWE Project No. 1357 -13 -004 Neuse River HDD Protect April 25, 2013 an existing, maintained ROW where possible; 2) use of trenchless pipe installation; and 3) limiting temporary work space and conducting the proposed work within what will be the permanent maintenance corridor, and; 4) reducing the width of the new permanent maintenance corridor to the minimum necessary to adequately construct and maintain the project. The project will comply with applicable conditions of NWP No. 12 and WQC No. 3884, with the exception of those noted previously. The width of the permanently- maintained ROW will not exceed 25 feet in wetlands. The proposed alignment also makes use of an existing ROW to the extent practicable. Following construction, the affected wetland area will be restored to its original grade and contour. The proposed project will not result in permanent changes in pre - construction elevation contours or affect dimension, pattern or profile of the Neuse River. Cleared areas will be restored in accordance with the attached Restoration Plan (Appendix V) following completion of the work. With respect to the Neuse River Basin riparian buffers, permanent removal of surface vegetation within the 325foot ROW will affect 434 square feet of Zone 1 and 362 square feet of Zone 2. In some instances, NCDWQ may require mitigation for permanent impacts to Zone 1 of the riparian buffers. However, because the project is a perpendicular utility crossing that affects less than 40 linear feet of riparian buffer, it is considered allowable, and as such, mitigation for buffer impacts is not required. CLOSING By copy of this correspondence and completed PCN, we are requesting your written concurrence with this NWP No. 12 permit application. If you have questions or need additional information, please feel free to contact us at 704.523.4726. Sincerely, S &ME iD 0" f- 44� Joey awler, P.W.S. Darrin M. Peine, Q.E.P. Senior Project Manager Natural Resources Department Manager jlawlergsmeinc.com dpeinegsmeinc.com Senior Review by Julie Bennett - Hudel, P.G., LEED AP jbenetthudelgsmeinc.com Attachments cc. Jim Kalish — PNG Jeff Smith, PLS — Regional Land Surveyors 7 Figures f - I � •f Y �� /� � I I } i� J / kIIIT I OO 114 { ' tti - _} t _ + Fit • x '++ 5 Z id ,. sm J2I 2 � •� "54 � 5 5 •t } �ry "� 5 � 'II � " �. i, I� +- _ " -' ,, •,++I'l M1}{� - _�_�.�3_�`_ w- " "" "f I �k�, _ :� •I I, 'r ��" 0 41 1,0001 X2,000 PROJECTAREA Feet x14. -J "{ REFERENCE: GIS DATA LAYERS WERE OBTAINED FROM THE GRANTHAM, NC USGS TOPOGRAPHIC MAP. PLEASE �',S�I.; •.'fI';'r r.r. c'r =`v! y I + 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 _ }����•'- v���ti+';i��r;:+'" °41 �l7'li ?- �5±4j.. } J~ � RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS scALE: As Shown DATE: 03.19.13 FIGURE NO. PROJECT NO DRAWN BY *S&ME USGS TOPOGRAPHIC MAP CHECKED BY 1357- 13 -TBD JoL WWWSMEINC.COM PNG NEUSE RIVER HDD 2 JBH JOHNSON COUNTY N.0 ENGINEERING LICENSE NO: F -0176 , AHA DRILL - ��,4 EXIT POINT r 0. 4 -411 ML Wl 13 Fr f" �� "' t ".: la� . '. '? _ J. - '%�rJ ' .. u y .. 7_,R'y..k "� `1'` • r ' 4. err, ti u, _v . { -•r$� •1 , ?4. `x.. L W108 `. r, or rx F IV DRILL ENTRY n, POINT 0 500 1,000 k . New ROW REFERENCE: Existing ROW GIS DATA LAYERS WERE OBTAINED FROM THE NC ONESTOP DATASET. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. �,,. I'' i New Pipe THERE ARE NO GUARANTEES ABOUT ITS ACCURACY S&ME, INC. ASSUMES NO RESPONSIBILITY FOR r TWS (Line 5B Looping Project) ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. AI L SCALE : As Shown DATE: 03.19.13 FIGURE NO. PROJECT NO DRAWN BY #S&ME 2010 AERIAL PHOTOGRAPH CHECKED BY: 1357- 13 -TBD JoL WWW- SMEINC.COM PNG NEUSE RIVER HDD 3 JBH JOHNSON COUNTY N.0 ENGINEERING LICENSE NO: F -0176 , Appendix I: Completed Pre - Construction Notification (PCN) and Authorization to Act as Agent QaeWAr,R7 � r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ®Section 10 Permit 1 b. 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 1 d. 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: PNG Neuse River HDD 2b. County: Johnson 2c. Nearest municipality / town: Princeton 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Piedmont Natural Gas 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 4720 Piedmont Row Drive 3e. City, state, zip: Charlotte N.C. 28210 3f. Telephone no.: 704.731.4598 3g. Fax no.: 3h. Email address: jim.kalish @piedmontng.com 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: Utility Company 4b. Name: Jim Kalish 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.: 704.731.4598 4g. Fax no.: 704.731.4098 4h. Email address: jim.kalish @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 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): Project is utility line replacement 1 b. Site coordinates (in decimal degrees): Latitude: 35.353006 Longitude: - 78.180385 (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: Approximately 1 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Neuse River 2b. Water Quality Classification of nearest receiving water: WS -IV; NSW 27- (49.5) 2c. River basin: Upper Neuse River (03020201) Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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: Land use in the vicinity of the project corridor consists primarily of a mix of agricultural land, undeveloped woodland and scattered residential development.The proposed right -of -way (ROW) abuts an existing natural gas utility easement, a portion of which will be used as temporary work space. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately 0.06 acre of wetland is located within the new ROW. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 25 linear feet of the Neuse River is located within the new ROW. 3d. Explain the purpose of the proposed project: The purpose of the work is to replace a segment of pipe that will not currently accommodate an in -line inspection device. 3e. Describe the overall project in detail, including the type of equipment to be used: PNG will install a new 10 -inch pipe adjacent to the pipe being replaced. The new pipe will be installed beaneth the Neuse River by horizontal directional drill (HDD). The existing, 16 -inch segment will then be grouted and retired in place. The new 10 -inch pipe will be welded to the ends of the existing line on either side of the river, providing a seemless 10 -inch pipeine through which an inspection device can travel. Installation of the new pipe segement will first involve identification of the clearing limits, followed by aboveground removal of woody vegetation from the proposed ROW by mechanical means or hand - clearing, as appropriate. Efforts will be made to remove surface vegetation in a manner that minimizes disturbance of the forest floor, and prevents exposure of soil. A temporary equipment crossing will be installed along one side of the ROW and at the drill rig work areas to facilitate equipment passage and prevent excessive rutting and ground disturbance. Appropriate sediment and erosion control measures will be installed to prevent sedimentation of jurisdictional features as a result of construction. Vegetation adjacent to the river and within wetland areas will be hand cleared. An equipment crossing of the Neuse River is not required. The HDD will begin in high ground on the west side of the Neuse River and pass beneath the river and wetland areas, terminating at a high ground tie -in point on the east side of the river. Where the pipe crosses beneath the Neuse River, it will be located approximately 30 feet below the streambed. Conventional pipe installation (trenching) will be required. Because the pipe will be installed via HDD , no grubbing or belowground vegetation removal will be required. Within wetland areas, timber mats will be employed in the event that equipment is needed there. During construction, the pipe will be strung along the temporary work space and placed on skids (wooden pedestals). The pipe segments will be welded together, x -rayed and inspected for structural integrity, and then pulled through the hole drilled by the HDD rig. Following installtion of the new pipe, affected areas will be "cleaned up" and application of temporary seeding (if necessary), followed by final grading, permanent seeding and mulching to restore the ROW as closely as possible to pre- disturbance contours and conditions. Areas within wetlands that are disturbed will be seeded with a customized wetland seed mix. Page 4 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 / project (including all prior phases) in the past? El Yes El No ❑ Unknown Comments: Wetalnds within and adjacent to the project area were delienated as part of the Line 5B Looping project (USACE (SAW- 2013 - 00257) 4b. If the Corps made the jurisdictional determination, what type Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: AK Environmental, LLC Name (if known): Emily Greer Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. NWP -12 and JD (SAW- 2013 - 00257) dated March 7, 2013 and NCDWQ Express No. 13 -0101 dated February 22, 2013 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. N/A Page 5 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 (T) W1 ®P F-1 T Permanent cover Riparian ® Yes ® Corps 0.02 conversion ❑ No ® DWQ W2 ®P F-1 T Temporary Riparian ® Yes ® Corps 0.04 clearing ❑ 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 06 2h. Comments: W1 = Wetland 108; W2 = Wetland 113 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: No stream impacts will occur. Page 6 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 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 pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? B1 ®P ❑ T ROW Neuse River ®Nos 434 362 B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 434 362 6i. Comments: Impacts will result from tree removel within new 25 -foot wide ROW Page 7 of 12 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. To minimize impacts and limit habitat fragmentation within the wetlands, PNG has proposed to install the new gas pipeline parallel to an existing ROW. Impacts to the Neuse River will be avoided by installing the pipe via HDD methods. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction equipment operating within wetlands will be limited to that necessary for abiveground vegetation removal and restoration activities. Wetland vegetation will be cut at ground level, leaving existing root systems in place to promote re- growth. 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 El 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: 0 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non - riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: 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 8of12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). N/A 6h. Comments: Buffer mitigation is not required, per its appropraite designation (Allowable) in the Table of Uses Page 9 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 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Project is a linear utility constructed belowground. The ROW will remain ❑ Yes ® No grassed with no imperveous surfaces. 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: Project will not result in additional imperveous surface 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 10 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)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: N/A 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project is not considered "growth- inducing" in that its purpose to replace a portion of an existing pipeline with a new pipe of a smaller size. 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. The project is a natural gas pipeline and will not generate waste water. Page 11 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? E] 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? The project as proposed should comply with applicable sections of the Endangered Species Act (ESA). The project area is located within the survey corridor recently assessed by AK Environmental, LLC in connection with the aforementioned Line 5B Looping Project, which was approved by the USACE on March 7, 2013. 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? hftp://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 project as proposed should comply with Section 106 of the National Historic Preservation Act. The project area is located within the survey corridor recently assessed by AK Environmental, LLC in connection with the 5B Looping Project, which was approved by the USACE on March 7, 2013. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: The project will comply with FEMA regulations. 8c. What source(s) did you use to make the floodplain determination? Available FEMA mapping Joey Lawler, P.W.S. ✓ ° 04.25.13 Applicant /Agent's Printed Name Date Applicant /Agent's Signature ( gents signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM Date: 04.22.13 Project Information S &ME Project Name: PNG Neuse River HDD Project Type of Project: Gasline Replacement Location: Johnson County, NC 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 704.731.4598 Kim Kalish, Sr. Project Manager S &ME, Inc. 9751 Southern Pine Boulevard Charlotte, NC 28273 704.523.4726 Joey Lawler Authorization: I, Jim Kalish of Piedmont Natural Gas hereby authorize S &ME, Inc. to act as agent with the U.S. Army Corps of Engineers and the N.C. Division of Water Quality pursuant to obtaining the necessary Section 10/404/401 permits related to the above- . referenced project. C� Signature: j ii U S &ME, INC. / 9751 Southern Pine Blvd / Charlotte, NC 28273 / p 704.523.4726 f 704.525.3953 / www.smeinc.com Appendix II: Line 5B Looping Permit Authorization Letters U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2013 -00257 County: Wayne /Greene U.S.G.S. Quad: Newton Grove NOrth, Grantham, Princeton, Northwest Goldsboro, and Jason GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Piedmont Natural Gas Mr, David Vena Address: 4720 Piedmont Row Drive Charlotte, North Carolina 28210 Aeent: AK Environmental, LLC Mr. Seth Rvan Address: 5020 Ritter Road, Suite 206 Meellanieshura, Pennsylvania 17055 Size and location of property (water body, road name/number, town, etc.): The i2roiect will expand for 25 miles primarily over agriculture land and bottomland hardwood swamp impacting 12.52 acres of wetland and 1051inear feet of iurisdictional steams. Start of Project Latitude: 35.326812N Longitude: - 78.3268121V End ofPro'ect Latitude: 35.496329N Longitude: 77.757311W Description of projects area and activity: Piedmont Natura Gas is vrevarine to construct the Line 5B Loopine proiect in Johnston, Wayne, and Greene Counties, North Carolina. The project entails construction of approximately 25 miles of 12 -inch natural gas line. The project will require combined temporary arid permanent construction easments greater than 40 -foot wide. To provide safe working conditions for enuipment and personnel, a 50 to 60 foot wide construction easement will be necessary to install the 12 -inch pipe. A permanently maintained easement that exceeds 15 -feet in width will also be required. This will result if permanent conversion of 12.52 acres forested bottomland forest to herbaceous wetlands of which 9.25 acres must be mitigated fm•. Stream crossings will impact a total of 105 linear feet and will not require mitigation. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number. SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 7 March 2013 . Any violation of the attached conditions of deviation from your submitted plans may subject tile permittee to a stop work order, a restoration older and /or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide pennit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification, You should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits. If there are any questions regarding this verification, any of the conditions of the Pennit, or the Corps of Engineers regulatory program, please contact Ms. Emily Greer at 910 - 251 -4567. Cotes Regulatory Official ��--�� Date: 7 March 2013 Expiration Date of Verification rch 2018 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://pei-2.iixvp.tisace.an-ny.inii/survey.httiil to complete the survey online. Copy Furnished: Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and /or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued _ Action ID _ Basis For Determination This site corridor exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland Delineation Manual and is part of a broad continuum of wetlands connected to the Neuse River via numerous tributaries. The waterbodies identified within the study corridor exhibit an Ordinary High Water Mark as indicated by the absence of terrestrial vegetation and is hydrologically connected to the Neuse River. Remarks. See Special Conditions Attention USDA Program Participants This delineation / detennination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The del ineation/detennination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work, F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 7 May 2013 . * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: I/-- Date: 7 March 2013 Expiration Date: 7 Marelt 2018 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Piedmont Natural Gas File Number: SAW- 2013 -00257 Date: 7 claret: 2013 Attached is: See Section below FI INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT Standard Permit or Letter of perin ission B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D NJ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION 1- The following identifies your rights and options regarding an administrative appeal of the above decision, Additional information maybe found at Irttp:Ihvww.usace. army. miVinet /functions /ew /cecwo /rea or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. if you received a Letter of Penmission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered pernit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the pennit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. Pat McCrory A� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. John E. Skvarla III Governor Director Secretary February 22, 2013 DWQ EXPRESS # 13 -0101 Johnston, Wayne, Greene Counties Mr. David Vena Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte, NC 28210 Subject Property: Gas Line Project 5B Looping Neuse River Basin [NEU 02, 04, 05, 07 12] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions, Express Review Dear Mr. Vena: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 1.33 acres of wetlands, 105 linear feet of streams and 72,000 square feet (ft2) of protected riparian buffers for the purpose of gas pipe line replacement at the subject properties, as described within your application dated January 23, 2013 and received by the N.C. Division of Water Quality (DWQ) on February 4, 2013. The impacts proposed in the application are covered by General Water Quality Certification Number(s) 3884 (GC3884). The Certifications) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non - discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in North Carolina Division of Water Quality Internet: www.ncwaterquality.org 943 Washington Square Mall Phone: 252- 946 -6481 One Washington, NC 27889 FAX 252- 946 -9215 NorthCarohna An Equal Opportunity /Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Natimally Mr. David Vena Piedmont Natural Gas Gas Line Project 5B Looping Page 2of4 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. Amount Approved (Units) Plan Location or Reference Stream 105 linear feet Project #39911024 404 /CAMA Wetlands 1.33 (acres) " Waters (acres) Buffers 72,000 (square ft.) Temp. 27,000 (s q. ft. Permanent " 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. Mr. David Vena Piedmont Natural Gas Gas Line Project 5B Looping Page 3 of 4 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre - Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/ Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 6. The Permittee will need to adhere to all appropriate in -water work moratoriums (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. Mr. David Vena Piedmont Natural Gas Gas Line Project 5B Looping Page 4 of 4 Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252 - 948 -3940 or Karen Higgins of the Wetland, Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919- 807 -6360. Sincerely, For Cha es Wakild, P.E. Enclosures: Certificate of Completion GC 3884 cc: Emily Greer, Corps of Engineers, Washington Regulatory Field Office DWQ Webscape Unit DEMLR, WaRO File copy Appendix III: Site Photographs Photo 1. View of Neuse River at crossing location facing west from left bank. Photo 3. View of project area facing east. Photo 5. View of Wetland W108 within proposed ROW Photo 2. View of Neuse River at crossing location facing east from right bank. Photo 4. View of project area facing west. Photo 6. View of Wetland W113 within proposed ROW. SITE PHOTOGRAPHS PNG Neuse River HDD Project Johnson County, North Carolina Project No.: 1357 -13 -004 Photo Page 1 of 1 Appendix IV: Jurisdictional Boundary and Profile Drawings 2 378 PIN: 254800 -41 -4166 THERESA H. MCBRYDE ESTATE P.B. 17 PG. 193 D.B. 797 PG. 793 ' V1F,S N: 584255.62 E: 2244126.51 - LI 1 � 20' ZONE 2 N: 584342.88 BUFFER E: 2244262.08 W108 \ ho Lg S�`i15 G_Gp�l EX' 13y LEGEND: XX AREA PERMANENT PNG TRACT NUMBER — --- EXISTING PNG RIGHT OF WAY — - — TOP OF STREAM BANK —G G— EXISTING GAS LINE —G 0— NEW HDD GAS LINE -c- -c- - PROPOSED GAS LINE BY OTHERS S55'06'19 'W WOODS LINE — +T -WT — WETLANDS x1 EDGE OF ZONE 1 BUFFER Z2 EDGE OF ZONE 2 BUFFER 5.47' PERMANENT CONVERSION AREA DTEMPORARY IMPACT AREA WETLAND IMPACT LINE AREA PERMANENT 1,216 SF CONVERSION AREA 0 SF TEMPORARY IMPACT 1,818 SF AREA PERMANENT 379 PIN: 254800 -55 -4344 D &P LAND, LLC D.B. 2002 PG. 372 STREAM BUFFER IMPACT LINE ZONE 1 ZONE 2 TEMPORARY IMPACT 0 SF 0 SF AREA 6.14' S02'1 2'45"E PERMANENT 434 SF 362 SF CONVERSION AREA 54.76' S55'06'19 'W REPLANT AREA 0 SF 0 SF PROP. 10" GAS LINE �KS?p'd INSTALLED BY HDD METHOD " / ABANDONED 10" GA5 LINE -- �MpO?,AR P _ /G 0\1 Pp1NA yo � 30' 0J ZONE 1 BUFFER',\ G —`N pN G G N� / / EX. 16" GAS LINE PROP. 12" GAS LINE BY OTHERS (SEPARATE PROJECT) 'rte, 4 100 50 LINE TABLE LINE LENGTH I BEARING L1 64.04 N57'14'01 "E L2 6.14' S02'1 2'45"E L3 5.97' S35'26'22 'E L4 54.76' S55'06'19 'W L5 12.07' S611'11 2'23-W L6 9.33' N25'51'00 "W L7 5.47' N21'37'32 "E L8 13.33' N10'41'13 "W L9 36.78' S57'14'01 "W L10 11,92' S20'05'1 VW L11 1.31' S02'33'01 "W L12 17,70' N59'05'02 "E L13 24.60' N65'26'42 "E L14 8.00' N12'50'51 "W L15 18.39 N14*48'15 "E L16 5.12' N08'40'1 4 "E L17 101.10' S57'07'41 "W L18 10.01' S32'42'22 "E L19 5.70' S03'44'54 "E L20 7.25' N57'35'40 "E L21 25.28' N67'45'27 "E L22 21.88' N53'57'45 'E L23 13.56' N83'32'45 "E L24 18.09' N54'36'04 "E GRAPHIC SCALE 100 ( IN FEET ) 1 inch = 100 ft. tj W113 - �N: 584947.51 A E: 2245174.13 f i 72.02 / 2.2/ /. 0"- - FICTIONAL BOUNDARIES DEPICTED ON THIS DRAWING DELINEATED BY AK ENVIRONMENTAL, LLC AND DVED BY U.S. ARMY CORPS OF ENGINEERS ON H 7, 2013, PER (SAC- 2013 - 00257). I HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER MY SUPERVISION AND THAT THE STREAM BANK DATA IS FROM FIELD DATA TED FALL OF 2012 �HA CA►%1�7777i/, �12Zl 1 JEFF SMITH, P L- 46 A Q � •'• SEAL `* L- 4464 *' ERY S '1111111111\0 JURISDICTIONAL BOUNDARIES OF LINE 5B TRANSMISSION LINE NE USE RIVER CROSSING IR## 2539908 PIEDMONT NATURAL GAS COMPANY, INC. BOON HILL TOWNSHIP JOHNSTON COUNTY NORTH CAROLINA SHEET i OF 1 Land Surveyors, N.C. License No. C -1362 Re Tonal Inc. g 8642 WEST MARKET STREET, SUITE 100 GREENSBORO, NORTH CAROLINA 27409 TELEPHONE (336) 665 -8155 JOB 1277.031 DRAWN BY: TLM DATE: 04/11 L2013 I CREW CHIEF: — REV.: 4/22/2013 ADD NOTE, REMOVE CORPS CERT. I BY: TLM rn v 3 a K 0 z 0 N PIN: 254800- 41 -416b PIN: 254600 --55 -4344 THERESA H. MCBRYDE ESTATE NEUSE RIVER D &P LAND, LLC DyL� P.B. 17 PG. 193 D.B. 20D2 PG. 372 D.B. 797 PG. 793 `ryo� PIN: 254800 -41 -4166 W108 PIN: 254800 -55 -4344 THERESA H. MCBRYDE j D &P LAND, LLC ESTATE /i D.B. 2002 PG. 372 �+ PERMANENT WETLAND P.B. 17 PG. 193 \ IMPACT wET D.B. 797 PG. 793 A I HOD EXIT POINT µecr ABANDONED "ET r 1 / PROP, 10" GAS LINE ! STA. 9 +65.05 �°s HDD ENTRY POINT 10 GAS LINE i PERMANENT WETLAND INSTALLED BY HDD +' � STA. 1+62.05 BORE HOLE #1 IMPACT / f METHOD ' a EXTRA TEMPORARY WORKASVEACSI e +y _ _ — — — -- W108/ I 1 1 B+OD 9 +00 , 10+00 -Jl NE i p 5+00 ^' 6+00 7 +DQ rl ~ Up EXTRA TEMPORARY WOR PACE 3+00 4 +00 —Tr EX. 10 GAS L1 = VALVE SITE 1 1 +00 2 +00 / // % ��� -1�Q�� G 0--1 0 -4-^C FO G -G -G- G 0 �G�G�G� D +QO 0 BORE HOLE #2 �D- 0 ��0 p G�GJ ^G_G�_G�G�_ -G—� G G� —G 6G+ G ���G�G�G�1 J �G_ - z G G— G -�G ^G— �G��GJG —G�NEW PNG R/W S — G —G —G —G G -0 � EX. 50' PNG R/W — — r� rG� EX. 10" GAS LINE G —GG�G� _ —D _ Q G --G —�G —G` G� a —q— —G— �fl- - —q� —q— _ — �D �D Gs, yam ^ � � r G Jew — _ ' TEMPORARY WORKSPACE 1�1� EX. 2o'PNGR/ 1� I�--- - - - - -- �Ir� CA 0/�/��� TEMPORARY WORKSPACE r - _ EXTRA TEMPORARY WORKSPACE Ss J `��0� F y i \ / EX. 16• GAS LINE TO C2:5 Q SEAL ` EXTRA TEMPORARY WORKSPACE I y IV BE GROUTED AND I PROP. 12" GAS LINE BY OTHERS II J \f 1 1DA LINE IS CONNECTED 1 (SE RATE PROJECT) = 4 r[Iltti+ 104 96 HDD ENTRY POINT v 0 yo Lo ° c o do a Y o z ii STA. 1+62.05 g �` z m M ID ° N n + + N m + ,� + o m ,+. m + HOD EXIT POINT SOIL BORING LEGEND z w a ¢ w 88 � N � o �' ""- STA. 9 +65.05 z a d d d o d z aZ }}d� OL o z a wr! EX. GROUND W� W m W N u0i D� ~ N O N (CL) LOW PLASTICITY CLAY 80 m r N `. E (SC -CL) CLAYEY SAND LOW PLASTICITY 72 ~D�D� -D 14 4 (SC -CH) CLAYEY SAND HIGH PLASTICITY 93 DAD 4 D- (MH -CH) HIGH PLASTICITY SILTY CLAY b4 U Q O/ f 5 43 (ML) LOW PLASTICITY SILT 56 11 (SM) SILTY SAND fkI 9 13 a.�. 12 0 48 SILTY SAND WELL GRADED 48 llll 2D 15 _ (GM) GRAVEL WITH SILTY SAND FINES - 79 \p _ 40 {1E[ 32 (SM -MH) SILTY SAND HIGH PLASTICITY {) } 4 } 14 Cj 32 1}1I 57 D_c�D D —D —o —o o D�q +3 13 =° _r° E 1 Water 0 24 HOURS 21 PROPOSED 10" CARBON STEEL TRANSMISSION LINE 35 Ml 28 T. N N a Standard Penetration Test 24 43 37 Resistance Value (Blows Per Foot) 22 O N O as N N Co N O IL) t0 0] 11 n to O O r M m V) 01 (10 (a W �G �G fC u7 !7 uy 41 M C4 u) to W ID In Ln �Il Y3 LO -t r r r n n r, r r r m m r r r r r r n r r r r 0+00 1 +00 2+00 3 +00 4 +00 5+00 6 +OD 7 +00 8 +60 9+00 10+00 11+00 12 +00 LEGEND GENERAL NOTES NC Llcense No. 1362 1. ALL PROPERTY LINES AND CORNERS ESTABLISHED USING EXISTING Land CORNERS FOUND, EXISTING BOUNDARY EVIDENCE, AND DEEDS AND Regional Surveyors, P i o d m o n t G- - PROPOSED GAS LINE BY OTHERS = BORE HOLE PLATS OF RECORD IN THE JOHNSTON COUNTY REGISTER OF DEEDS Inc. I -D -D` NEW GAS LINE • o IRON PIPE FOUND OFFICE. 2. ALL DISTANCES ARE HORIZONTAL GROUND, IN FEET. 8642 WEST MARKET STREET, SUITE 100 Natural G a S 0 -G-G- EXISTING GAS LINE D.B. - DEED BOOK 3. SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS -OF -WAY, STREETS GREENSBORO, NORTH CAROLINA 27409 r6l AND ASSESSMENTS, AS THE SAME MAY APPEAR OF RECORD IN THE WOODSLINE P.B. = PLAT BOOK REGISTER OF DEEDS OFFICE, CLERK OF COURT, TOWN OR COUNTY TAX PLAN AND PROFILE OFFICES, OR WHICH MAY HAVE BEEN ACQUIRED BY PRESCRIPTIVE USE. DRAWN BY: TLM JOB NO. 1277.03 DATE: 04/11/2013 TOP OF BANK PG. = PAGE 4. NC GRID COORDINATES AS SHOWN HEREON ARE BASED UPON GPS NEUSE RIVER BORE STA. WET `IIET — wET - WETLAND (LOCATION BY OTHERS) OBSERVATIONS UTILIZING NCGS' NETWORK RTK SYSTEM AND ARE „ , 0+00 TO STA. 12+00 REFERENCED TO THE NAD 83(NSRS 2011) DATUM. SCALE: 1 = 50 - EASEMENT LINE 5. THE CONTRACTOR IS RESPONSIBLE FOR LOCATING AND VERIFYING ALL BOON HILL TOWNSHIP -- JOHNSTON COUNTY - NORTH CAROLINA UTILITIES PRIOR TO INSTALLATION. - - - - TEMPORARY WORKSPACE 50 25 0 50 IR # 2339908 SHEET 1 of 1 Appendix V: Restoration Plan RESTORATION PLAN PNG Neuse River HDD Project Johnson County, 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 wetlands that may be temporarily affected by the aboveground clearing and stringing operations. This plan entails restoration of disturbed areas to their original contours and conditions to the degree practicable upon project completion. Further, disturbed wetland areas will be permanently stabilized with a native vegetative cover. The measures outlined below will be reviewed with the construction contractor. Proposed restoration activities will include removal of equipment matting and restoration of original pre- disturbance contours. Affected portions of the temporary workspace that were forested prior to clearing will be allowed naturally return to the original state. 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 Elymus ripanus Riverbank wild rye 20 Agrostis stolonifera Creeping bentgrass 15 Carex vulpinoidea Fox sedge 12 Panicum virgatum Switchgrass 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 Sagittaria latifolia Duck potato 02 Saururus cernuus Lizards tail 02 100 The Wetland Seed Mix shall be applied to all wetland areas extending five feet landward following construction. The recommended application rate is 20 -25 lbs. per acre. However, as the work will occur in the late spring or summer, 50 percent of mix should consist of perennial rye (Lolium perenne) or Germain (foxtail) millet (Setaria italica). Both species will provide quick stabilization but not interfere with native grasses. The riparian seed mix is available from the following supplier: Mellow Marsh Farm 1312 Woody Store Road Siler City, N.C. 27344 919.742.1200 919.742.1280 fax www.mellowmarshfarm.com