20130802 Ver 1_Corps of Engineer Correspondence_20130822

Higgins, Karen
From: Brown, Craig J SAW <Craig.J.Brown @usace.army.mil>
Sent: Thursday, August 22, 2013 1:51 PM
To: Walter Cole; Crumbley, Tyler SAW; tallden @restorationsystems.com;
george.ratford @scana.com
Cc: Higgins, Karen
Subject: Verification (Permit) for Duke University Natural Gas Pipeline Project (UNCLASSIFIED)
Attachments: SAW - 2013 -00691 - Mitigation Responsibility Transfer Form (4).pdf, SAW - 2013 -00691
- Duke & Northern Durham PSNC Natural Gas Line Project; Orange County.pdf
Classification: UNCLASSIFIED
Caveats: NONE
Action ID: SAW- 2013 -00691
Attached, please find the Verification (Permit) with Special Condition, and the Compensatory Mitigation Responsibility
Transfer Form for the Duke University Natural Gas Pipeline Project.
According to our Transfer of Mitigation Responsibility Guidelines:
1. A signed copy of Compensatory Mitigation Responsibility Transfer Form must be returned back to the USACE PM.
2. The permitee is not authorized to start work until the USACE is in receipt of a signed copy of the form.
In short, get me a signed copy (Tara) of the Compensatory Mitigation Responsibility Transfer Form, and you (PSNC) can
go to work.
A hardcopy of these forms will be sent to applicant and agent.
Please let me know if you have any questions, or if there are any changes to impacts within jurisdictional waters.
Craig
Craig. J. Brown
Regulatory Specialist
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
(919) 554 -4884 x35
Classification: UNCLASSIFIED
Caveats: NONE

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: George Ratchford for Public Service Company of North Carolina (PSNC) Action ID: SAW- 2013 -00691
Project Name: Duke University Natural Gas Pipeline Extension County: Orange
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and /or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /In -Lieu Fee Program
Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts
(acres)
Riparian
Riparian
Riparian
Warm
Warm
Cool
Cold
Non - Riparian
Non - Riparian
Coastal
Riverine
Riverine
Non - riverine
0.026 ac
0.026 ac
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Riparian
Riparian
Warm
Cool
Cold
Non - Riparian
Coastal
Riverine
Non - riverine
0.026 ac
Mitigation Site Debited: Cripple Creek Stream & Wetland Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 2 October, 2012

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation ( NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank /ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank /ILF Instrument.
Comments /Additional Conditions: In a letter dated July 18, 2013, Restorations Systems, LLC confirmed that PSNC has
reserved for purchase 0.03 riparian wetland mitigation credits for the Cripple Creek Stream & Wetland Mitigation Bank.
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below.
USACE Project Manager: Craig Brown
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: craig.j.brown @usace.army.mil
Digitally signed by Craig I Brown
Craig J. Brown D aii—cr ig.j.b own@ sate.
email =craig.j.brown @usace.army.mil, r =US
Date: 2013.08.22 09:54:52 - 04'00'
Craig Brown: August 22, 2013
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http: / /ribits.usace.army.mi1.
Page 2 of 2
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
Customer Satisfaction Survey located at our website at http : //regulatory.usacesurvey.com/ to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW- 2013 -00691 County: Orange U.S.G.S. Quad: NC- Northwest Durham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: Public Service Company of North Carolina (PSNC)
George Ratchford
Address: 800 Gaston Road
P.O. Box 1398
Gastonia, NC, 28056
Telephone Number: (704) 834 -6621
Length (linear feet) 77,366 Nearest Town Carrboro, Durham
Nearest Waterway Jones Creek River Basin Cape Fear. North Carolina.
USGS HUC 3030002 Coordinates Latitude: 35.96908 to 35.99412
Longitude:- 79.11425 to - 79.93685
Location description: The project corridor originates west of Old Highway 86 (35.96908 N, 79.11425 W) and terminates on the
north side of Duke Universitv Road (35.99412 N. 78.93685 W): roughly north of the Town of Chanel Hill and west of the Citv
of Durham, in Orange and Durham Counties, North Carolina.
Description of projects area and activity: The proposed project is for PSNC to install approximately 77,366 linear feet of 12 -inch
diameter steel natural gas nineline. This verification authorizes the temnorary discharge of fill in eight stream imnact locations
for a total of 212 linear feet, along with the temporary discharge of fill in three wetland locations for a total of 3,313 square
feet during the construction of the pipeline. Additionally, 1,122 square feet (0.026 acres) of permanent impacts (conversion of
forested wetlands to emergent wetlands) within one of the wetland areas is authorized. Permittee to comnlv with the attached
Special Conditions.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Pennit Number: NWP 12 Utilitv Line Activities.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL 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 07/31/2013. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order 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 pennit 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 pen-nit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the teens and conditions of the nationwide pennit, activities which have commenced (i.e., are
under construction) or are under contract to coimnence in reliance upon the nationwide pennit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide pen-nit'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 [phone]) to detennine 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 in Morehead City, NC, at (252) 808 -2808.
This Department of the Anny verification does not relieve the pennittee 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 Craig Brown at 919 - 554 -4884 x35 or Craig .J.Brown(cr),usace.army.mil.
Corps Regulatory Official: Craig Brown _
Expiration Date of Verification: 03/18/2017
Craig J . Digitally signed by Craig J. Brown
DN: 'n—Craig J. Brown, o, on,
m ail= craig.j.brown @usace.a rmy.
Brown Date 013.08.2209:57:30 - 04'00'
SPECIAL CONDITIONS
Date: August 22, 2013
In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation
Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this
form, are hereby incorporated as special conditions of this permit authorization.