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HomeMy WebLinkAbout20130512 Ver 2_401 Application_20131013October 3, 2013 U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Attention: Mr. Andrew Williams NC DWR, Webscape Unit 512 North Salisbury Street Raleigh, North Carolina 27604 Attention: Ms. Karen Higgins 13- osIaUa #S &ME Reference: Request for Re- verification of Existing NWP -12 /GC 3884 Authorization PNG Greensboro Reclamation Project: Brandt Ridge Drive Relocation Guilford and Alamance Counties, North Carolina USACE Action ID No. SAW- 2013 -00618 S &ME Project No. 1357 -13 -027 Dear Mr. Williams and Ms. Higgins: On behalf of Piedmont Natural Gas (PNG), S &ME, Inc. (S &ME) hereby submits this request for re- verification of an existing Nationwide Permit (NWP) No. 12/ General Water Quality Certification (GC) No. 3884 authorization for impacts associated with the above - referenced project. The original authorization (US Army Corps Engineers [ USACE] Action ID No. SAW -2013- 00618) involved impacts associated with removal of aboveground vegetation and construction of several permanent stream and wetland crossings within PNG's existing 50 -foot wide natural gas pipeline right -of -way (ROW). New pipeline relocation activities are currently being proposed by the applicant that will involve an additional 125 linear feet (If) of temporary impact to one perennial stream as well as additional riparian buffer impacts. No wetland impacts, permanent stream impacts or loss of waters of the U.S. are proposed. r0 illr 4 X0t 3 'IlD _. ds '�tf11 S &ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273 -5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com Request for Re- verification of Existing NWP -12 /GC 3884 Authorization SWE Project No 1357 -13 -027 PNG Greensboro Reclamation Protect — Brandt Ridge Drive Relocation October 3, 2013 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• Pre - construction Notification and Agent Authorization Form • Appendix II: Current Section 404/401 Approval Letters • Appendix III: Site Photographs • Appendix IV. Preliminary JD Information • Appendix V- Drawings • Appendix VI. Restoration Plan This PCN is also being provided to the North Carolina Division of Water Resources ( NCDWR) pursuant to the temporary stream impacts, as well as riparian buffer impacts. A completed PCN form for the additional impacts that will result from the proposed relocation is included in Appendix I. GENERAL PROJECT INFORMATION AND BACKGROUND The proposed pipeline relocation is part of a larger PNG project referred to as Line 386, or the Greensboro Reclamation The overall route originates on the south side of N.C. Highway 150 in the community of Oak Ridge, Guilford County, and extends generally east - southeast for approximately 40 miles, terminating at a station of the west side of N.C. Highway 54, south of Burlington in Alamance County. The Greensboro Reclamation project involved above - ground removal of woody vegetation within portions of PNG's 50 -foot ROW that have grown up over the years. To accommodate equipment access, pipes were placed within two jurisdictional streams and grubbing/grading occurred in a wetland area prior to authorization from the USACE. Impacts to 1951f of stream channel (153 if temporary and 421f permanent) and 0.47 acre of wetland (0.41 acre temporary and 0.06 acre permanent) resulted from the work. To account for these impacts, an "after -the- fact" permit application was submitted to the USACE on May 13, 2013. The impacts were subsequently authorized by the USACE on September 10, 2013. Copies of the original permit authorization letters are included in Appendix II. As the project is located in the B. Everett Jordan Lake watershed, it is also subject to riparian buffer rules. The buffer rules state that existing and ongoing uses, such as utility line ROWS, are exempt. However, only portions of the riparian buffer occupied by the footprint of the existing use (maintained portions of the ROW) are exempt, and activities necessary to maintain the use are only allowed provided that the site remains similarly vegetated. Authorization for the stream and wetland impacts identified above, along with impacts to the riparian buffers, was approved by NCDWR on September 5, 2013. Copies of the aforementioned approval letters from the USACE and NCDWR are included in Appendix II PNG recently identified a segment of their existing gasline that is located within an adjacent Duke Energy overhead electric transmission line. Removal of the subject pipe segment is required by Duke Energy Accordingly, the existing pipe located in Duke's 4 Request for Re- verification of Existing NWP -12/GC 3884 Authorization SWE Project No 1357 - 13-027 PNG Greensboro Reclamation Proiect — Brandt Ridge Drive Relocation October 3, 2013 ROW will be abandoned and the new segment constructed at the edge of PNG's existing 50 -foot ROW This will require clearing 20 feet of PNG's existing ROW that was not previously maintained. Clearing and maintaining this additional 20 feet is required in order to comply with federally- mandated safety and inspection requirements The work will also require temporarily clearing an additional 30 -foot wide area adjacent to PNG's existing easement in order to safely accommodate construction. EXISTING ENVIRONMENT The project area is located in the Piedmont physiographic province in the Cape Fear River Basin (03030002) and Haw Sub - basin. Land use in the vicinity of the project corridor consists primarily of a mix of residential development, woodland, open, maintained land and scattered light commercial areas Vegetation within the existing PNG ROW had been recently mowed, but appeared to contain remnant fescue (festuca), yellow crownbeard (Verbestna occidentahs), blackberry (Rubus sp ), sericea lespedeza (Lespedeza cuneata), Queen Anne's lace (Daucus carota), big bluestem (Andropogon gerardu), dogfennel (Eupatorium capillifolium), broomsedge (Andropogon virgintcus) and goldenrod (Sohdago sp ) Wooded portions of the project area were vegetated with white oak (Quercus alba), water oak (Q nigra), sweetgum (Lrqutdambar styraciflua), tulip tree (Lrriodendron tulipifera), loblolly pine (Pinus tadea) and red maple (Acer rubrum). Additional mid -and understory and herbaceous species observed included Chinese privet (Ligustrum sinense) and ironwood (Carptnus caroliniana). Christmas fern (Polystichum acrostichoides), catbriar (Smilax rotundifolia) and poison ivy (Toxicodendron radicans) were observed along the banks of the stream. Streams within the larger Greensboro Reclamation Project, which includes the Brandt Ridge Drive Relocation project area, were originally assessed for buffer subjectivity in January and February 2013. The subject stream within the current project area was identified as Stream 7A, and classified as a perennial channel. S &ME visited the project area on September 27, 2013 to observe the site for the presence of wetlands and to update the stream assessment of Stream 7A. S &ME followed the procedures set forth in the 1987 US Army Corps of Engineers Wetlands Delineation Manual (Eastern Mountains and Piedmont Regional Supplement Guide). S &ME used the NCDWR Stream Classification Form, as previously described, to document characteristics of identified drainage features on the day of the assessment. Wetlands were not observed within the project area, and assessment of Stream 7A confirmed that the channel was perennial. Photos of the typical project corridor conditions are included in Appendix III, and information relating to a Preliminary Jurisdictional Determination (Pre -JD) of the project area, including NCDWR and USACE Stream Assessment forms, are included in Appendix IV. Request for Re- verification of Existing NWP -12 /GC 3884 Authorization SWE Project No 1357 -13 -027 PNG Greensboro Reclamation Proiect — Brandt Ridge Drive Relocation October 3, 2013 STREAM AND RIPARIAN BUFFER IMAPCTS There were no stream or buffer impacts to Stream 7A proposed in connection with the Greensboro Reclamation Project However, the currently- proposed relocation will temporarily impact 391f of the stream The project will also permanently impact 2,585 square feet (sf) of Zone 1 and 1,059 sf of Zone 2. Approximately 4,582 sf of Zone 1 and 1,562 sf of Zone 2 will be temporarily impacted. The relocation project will not impact jurisdictional wetlands. Limits of the Stream 7A were identified and mapped by Regional Land Surveyors (RLS), and are depicted on Sheet 7A, along with the project alignment sheet, in Appendix V. Sheet 7A can be inserted into the set of 38 drawings that were provided to you in connection with the original Greensboro Reclamation Project PCN Wetland, Stream and Buffer impacts authorized in connection with the original permit, along with the additional impacts that are now currently proposed, are summarized in the following tables. Table 1: Wetland Impacts F l?ieviously Authorized = ti -� Additional Wetlaridtlinpact "s'" -�. TotaItProject`We'tlanda 1 t �zP Vlletl_andlm act_s:ac t,Currentl 'A ;Pr_o_od�_acW��Im actsac s Tempora Im®rmb" �;�,,, u°y� ent A, "�� +� � Eefr3 Temporary 1. �� � Permanent.` x �tP�n�Iw ` Tempoary � nent JAM 0.41 0.06 0 0 0.41 0.06 As noted in Table 1, the Brandt Ridge Drive relocation will not involve additional wetland impacts. Table 2: Stream Impacts wPreviously Authorized AdditionallSt�eam Impacts T Total Project.Str ae m _6. �Stream I_m actsl, I ,Currsentl `Pro Deed I Im acts I - - Te po�aryP rma en Temporary° Permanent Temporary . Iermanent ., 87 108* 125 0 212 108 As noted in Table 2, the Brandt Ridge Drive relocation will involve up to 1251f of additional temporary stream impact. No additional permanent stream impact is proposed. It should be further noted that in connection with the original permit, the USACE identified impacts to 661f of stream channel through removal and replacement of riprap as a permanent impact, while NCDWR identified this impact as temporary. The table reflects the more stringent of the two impact determinations (that of the USACE that the impacts are considered permanent). Although the pipe installation can likely be accomplished without impacting the entire 1251f of stream, PNG will also need to place a temporary, timber -mat bridge across the stream, and because the stream meanders at the pipe where the work will occur, its entire length is within the work area was identified as impact as a conservative measure. 4 Request for Re- verification of Existing NWP -12 /GC 3884 Authorization S &ME Project No 1357 - 13-027 PNG Greensboro Reclamation Project — Brandt Ridge Drive Relocation October 3, 2013 Table 3: Riparian Buffer Impacts Previously `Atithorizeii �. 8 � ,d= Acl "d_itionalnRipa�ian= Buffer °Impacts, =4 ° i �'° Aa � x ,i -M ,r� in:.� T�" °-6- n Imp i'�' , Ri "arian;Buffer Im acts sfs.- Cur'rentl `yPro, osed s k, _ _ ,tom ,m�`z c• � �- -v'S= Temporary _ __ Permanent.° _ {.Temporary' - t� Permanent � �..�r� ,. ,. a ��.,y „Zone 1 ;Zone 2* Zonee l Zone 2 =`Zone 1 4 Zone 2# 4 Zone 1 Z ne t 10,785 7,670 21,586 17,077 4,582 1,562 2,585 1,059 �. s s:�r�' �" � °ate_ s �. u, T6takProlect Buffer-Impacts� � MA k"P7,17V 1-11 `Tempos y$ °' Permanent " ,� �h a yrs- ' s Zone 1 Zone�2 �, Zone1 ��..,��e2� a,�_ A,tFr °r �s * it 15,367 9,232 24,171 18,136 As shown in Table 3, the Brandt Ridge Drive relocation will permanently impact 2,585 sf of Zone 1 and 1,059 sf of Zone 2 Approximately 4,582 sf of Zone 1 and 1,562 sf of Zone 2 will be temporarily impacted. ADDITIONAL REGULATORY CONSIDERATIONS Protected Species The U.S. Fish & Wildlife Service (USFWS) list of federally protected species was consulted for a listing of protected species documented within Guilford County, North Carolina. This review identified only one federally - protected species (a plant) - small whorled pogonia (Isotria medeoloides) The proposed work will occur within and adjacent to an existing ROW where gas and overhead electric utilities are co- located. Habitat in this area is not suitable for small whorled pogonia, and no plants resembling small whorled pogoma were observed in the wooded area during a September 27, 2013 site visit by S &ME Historic Properties To comply with General Condition No 20 (Historic Properties), S &ME conducted a review of the Historic Preservation Office GIS Web Service, which indicated that the closed site listed on the National Register of Historic Places is identified as the Truss Bridge (GF0395), located on Old Battleground Road, approximately 1,500 feet west of the project site. There were no other properties currently listed or determined eligible for listing in the National Register of Historic Places within 0 5 mile of the project. Although unlikely, in the event previously unknown historic, cultural or archeological remains and artifacts are encountered while performing the work, the USACE will be notified, and to the maximum extent practicable, reclamation activities that may affect the remains and artifacts will be avoided until the required coordination has been completed. Request for Re- verification of Existing NWP -12 /GC 3884 Authorization SWE Project No 1357 -13 -027 PNG Greensboro Reclamation Proiect — Brandt Ridge Drive Relocation October 3, 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" shall be in compliance with specifications govenung the proper design, installation, operation and maintenance of such best management practices to comply with the appropriate turbidity water quality standard. Avoidance and Minimization The project has implemented avoidance and minimization procedures by locating the new line at the edge of the existing PNG easement, and limiting the width of proposed workspace corridor to 30 feet. The project will also incorporate the following best management practices (BMPs). • Woody vegetation within the buffers shall be cleared by hand. No land grubbing or grading will be allowed. • Vegetative root systems within the buffer shall be left intact to maintain the integrity of the soil. Stumps shall remain. • No fertilizer shall be used other than a one -time application to re- establish vegetation • Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state. • Active measures shall be taken following the reclamation and during routine maintenance to promote diffuse flow of stormwater through the buffer. RESTORATION OF AFFECTED AREA Details of PNG's plans to restore the stream and affected riparian areas are described in the Restoration Plan in Appendix VI. The stream channel will be restored to its original grade and contour, the banks seeded with a native seed mix and lined with erosion control fabric. Use of hard - armoring will be avoided. Excess fill material fill will be removed and the underlying area retuned to pre - disturbance contours. Temporanly- affected portions of Zone 1 will be replanted with native woody vegetation, per the tables provided in the Restoration Plan. MITIGATION The project will not result in wetland impacts Impacts to Stream 7A are temporary, and as such, mitigation is not required. Mitigation for impacts to Zone 1 of the riparian buffer is required, as the project will result in a non - perpendicular crossing of Stream 7A with a permanent maintenance corridor greater than 10 feet wide The project will result m permanent impacts to 2,585 sf of Zone 1 riparian buffer Accordingly, PNG is required to purchase 7,755 riparian buffer mitigation credits (2,585 sf x 3). Mitigation for Zone 2 impacts is not required, as n Request for Re- verification of Existing NWP -12 /GC 3884 Authorization SWE Project No 1357 - 13-027 PNG Greensboro Reclamation Proiect — Brandt Ridge Drive Relocation October 3, 2013 Zone 2 is to remain grassed ROW PNG proposes to purchase the necessary credit from the North Carolina Ecosystem Enhancement Program ( NCEEP). A copy of an acceptance letter from NCEEP is included in Appendix VI CLOSING Thank you for your review of this Request for Re- verification of Existing NWP -12 /GC 3884 Authonzation If you have questions or need additional information, please feel free to contact us at 704.523.4726. Sincerely, S &ME Joey awler, P.W.S. Damn M Peine, Q.E.P. Senior Project Manager Natural Resources Department Manager Senior Review by Julie Bennett- Hudel, P.G , LEED AP Attachments CC. Andy Clark, PLS — Regional Land Surveyors Jim Kalish — PNG 7 FIGURES ti Ab • ��. t. • • i •�- r APPROXIMATE PROJECT AREA r i 0 i y ~" it f 1/ f • AW� _ •' . ! -as - ,>t� � s w � t • ."mss ' ,� � .Z • i •r • • 9 Nw¢:__ � ` ' • 0 , ♦;;0� �� 2.0(]0 . 1`• * !e • • - J Feet ; REFERENCE: ` GIS DATA LAYERS WERE OBTAINED FROM THE LAKE BRANDT NC USGS TOPOGRAPHIC MAP. PLEASE • a 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. SSME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS '`Parrlgh i 20 3 -at4h 1 I o ieGy,4i=eubed SCALE: 1:10,000 FIGURE NO. DATE: 10.03.13 #S&ME USGS TOPOGRAPHIC MAP GREENSBORO RECLAMATION PROJECT DRAWN BY: JOL WWW.SMEINC.COM BRANDT RIDGE DRIVE RELOCATION PROJECT NO: GREENSBORO, NC 14R7_1'2_r197 ENGINEERING LICENSE NO: F -0176 ,w I oil water water �All -•.4 IF y _ MaE ��}... A Wh\ ✓ • y}� � ;4 j � c Mac -"nom' "`c� -. ,B � � ` r• p oLD BATTLFGRO MaD a.." WC G MaE `fCTCA �„ �► � � �,r McC2 r'�•Y ',� .. ,� f. , � i �I � �ys cT � • CeB2 \� CcC�_. McC2 - Soil Map Units USGS Streams L E{$Y SQUq&E DR te` GIS DATA LAYERS WERE OBTAINED FROM THE NC ONE-MAP DATA SET. PLEASE NOTE THIS MAP IS *4 FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. ACfB THERE ARE NO GUARANTEES ABOUT NO • •• FOR 1 I d ANYDECISION MADE OR ANY ACTIONS TAKEN BYTHE USERBASED UPONTHIS INFORMATION APPENDIX I PRE - CONSTRUCTION NOTIFICATION AND AGENT AUTHORIZATION FORM 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 1a Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit 1 b 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 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 le 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 FORMCHECKBOX Yes No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC) ❑ Yes ® No 2. Project Information 2a Name of project PNG Greensboro Reclamation Project - Brandt Ridge Drive Relocation 2b County Guilford 2c Nearest municipality / town Greensboro 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 704 572 7985 3g Fax no 3h Email address dim 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 704 572 7985 4g Fax no 704 731 4098 4h Email address lim 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 llawler @smeinc com Page 2 of 12 PCN Form —Version 1 3 December 10, 2008 Version B Project Information and Prior Project History 7 Property Identification 1a Property identification no (tax PIN or parcel ID) Project is a portion of a linear utility line 1 b Site coordinates (in decimal degrees) Latitude 36 14277 Longitude - 79 85032 (DD DDDDDD) ( -DD DDDDDD) 1 c Property size Appx 0 08 acres 2 Surface Waters 2a Name of nearest body of water (stream, river, etc ) to UT to Horsepen Creek proposed project 2b Water Quality Classification of nearest receiving water WS- III,NSW,CA 2c River basin Cape Fear - Haw Sub -basin (03030002) 3 Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The project area is limited to a 50 -foot wide area that includes 20 feet of PNG's existing ROW and 30 -feet of tenporary workspce in a wooded area adjacent to the ROW Land use in the vicinity of the project area consists primarily of a mix of residential development, woodland, open, maintained land and light commercial areas 3b List the total estimated acreage of all existing wetlands on the property None 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property —100 3d Explain the purpose of the proposed project The proposed pipeline relocation is part of a larger PNG project referred to as Line 386, or the Greensboro Reclamation PNG recently identified a segment of their existing gasline that is located within an adjacent Duke Energy overhead electric transmission line Removal of the subject pipe segment is required by Duke Energy Accordingly, the existing pipe located in Duke's ROW will be abandoned and the new segment constructed at the edge of PNG's existing 50 -foot ROW 3e Describe the overall project in detail, including the type of equipment to be used The project will require clearing 20 feet of PNG's existing ROW that was not previously maintained Clearing and maintaining this additional 20 feet is required in order to comply with federally- mandated safety and inspection requirements The work will also require temporarily clearing an additional 30 -foot wide area adjacent to PNG's existing easement in order to safely accommodate construction The new pipe will then be installed by conventional trenching methods Industry- standard earthmoving and pipeline equipment will be used 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 / project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown Comments A Preliminary JD Request is included with this PCN 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, Inc Name (if known) Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Streams within the larger Greensboro Reclamation Project, which includes the Brandt Ridge Drive Relocation project area, were originally assessed for buffer subjectivity in January and February 2013 The subject stream within the current project area was identified as Stream 7A, and classified as a perennial channel S &ME visited the project area on September 27, 2013 to observe the site for the presence of wetlands and to update the stream assessment of Stream 7A S &ME followed the procedures set forth in the 1987 US Army Corps of Engineers Wetlands Delineation Manual (Eastern Mountains and Piedmont Regional Supplement Guide) S &ME used the NCDWQ Stream Classification Form, as previously described, to document characteristics of identified drainage features on the day of the assessment Wetlands were not observed within the project area, and assessment of Stream 7A confirmed that the channel was perennial 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 The proposed pipeline relocation is part of a larger PNG project referred to as Line 386, or the Greensboro Reclamation The overall route originates on the south side of N C Highway 150 in the community of Oak Ridge, Guilford County, and extends generally east - southeast for approximately 40 miles, terminating at a station of the west side of N C Highway 54, south of Burlington in Alamance County The Greensboro Reclamation project involved above - ground removal of woody vegetation within portions of PNG's 50 -foot ROW that have grown up over the years To accommodate equipment access, pipes were placed within two jurisdictional streams and grubbing /grading occurred in a wetland area prior to authorization from the USACE Impacts to 195 If of stream channel (153 If temporary and 42 If permanent) and 0 47 acre of wetland (0 41 acre temporary and 0 06 acre permanent) resulted from the work To account for these impacts, an "after- the - fact" permit application was submitted to the USACE on May 13, 2013 The impacts were subsequently authorized by the USACE on September 10, 2013 6. Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain N/A Page 4 of 12 PCN Form — Version 1 3 December 10, 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la 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) Tem ora W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h Comments No wetland impacts will occur 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (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 Pipe installation /temp S7A ® PER ® Corps 4 125 bridge crossing ❑ 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 125 31 Comments 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 Open water impact number — Permanent (P) or Temporary 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P 04 ❑P 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 Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) 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 51 Expected pond surface area (acres) 51 Size of pond watershed (acres) 5k Method of construction Page 6 of 12 PCN Form — Version 1 3 December 10, 2008 Version 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 El Tar-Pamlico El Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number— Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? 131 ® P ❑ T Future ROW maintanence S7A ® Yes ❑ No 2,585 1,059 B2 ❑ POT Temporary Work Space S7A ❑ Yes ® No 4,582 1,562 B3 ❑ PEI T El Yes ❑ No 6h Total buffer impacts 7,167 2,621 61 Comments D. Impact Justification and Mitigation 1. Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Construction equipment operating within the buffers will be limited to that necessary for pipe installation and restoration activities Vegetation within the buffer (with the exception of the trenchline) will be cut at ground level, leaving existing root systems in place to promote re- growth Impacts will be minimized by reducing the width of the overall permanent maintenance corridor to 30 feet through the buffered area 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques The project will also incorporate the following best management practices (BMPs) 1) Woody vegetation within the buffers shall be cleared by hand No land grubbing or grading will be allowed 2) Vegetative root systems within the buffer shall be left intact to maintain the integrity of the soil Stumps shall remain 3) No fertilizer shall be used other than a one -time application to re- establish vegetation 4) Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state 5) Active measures shall be taken following the reclamation and during routine maintenance to promote diffuse flow of stormwater through the buffer 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 project? ❑ 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 Page 7 of 12 PCN Form — Version 1 3 December 10, 2008 Version 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 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 Permanent Maintenance Corridor 2,585 3 (2 for Catawba) 7,755 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 The riparian buffer mitigation credit will be purchased from NC EEP See attached credit acceptance letter 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 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? lb If yes, then is a diffuse flow plan included? If no, explain why Comments Project is a linear utility located 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 ❑ Yes ❑ No attached? 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) la 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 ❑ Yes ❑ No letter) 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) 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 is only to relocate a portion of existing natural gas transmission line 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 will not generate waste water 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? The U S Fish & Wildlife Service ( USFWS) list of federally protected species was consulted for a listing of protected species documented within Guilford County, North Carolina This review identified only one federally - protected species (a plant) -small whorled pogonia (Isotria medeoloides) The proposed work will occur within and adjacent to an existing ROW where gas and overhead electric utilities are co- located Habitat in this area is not suitable for small whorled pogonia, and no plants resembling small whorled pogonia were observed in the wooded area during a September 27, 2013 site visit by S &ME 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? http //ocean floridamanne 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? S &ME conducted a review of the Historic Preservation Office GIS Web Service, which indicated that the closed site listed on the National Register of Historic Places is identified as the Truss Bridge (GF0395), located on Old Battleground Road, approximately 1,500 feet west of the project site There were no other properties currently listed or determined eligible for listing in the National Register of Historic Places within 0 5 mile of the project 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 N/A 8c What source(s) did you use to make the floodplain determination? Available FEMA mapping Joey Lawler, P W.S. <; 10 03 13 Applicant/Agent's Pnnted Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 11 of 12 PCN Form — Version 1 3 December 10, 2008 Version AGENT AUTHORIZATION FORM Date 12 19 12 Project Information S &ME Project Name- Greensboro Reclamation Project Type of Project. ROW Reclamation — Riparian Buffer Impacts Location- Greensboro to Burlington, 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 4598 Mr. Jim Kalish, P.E. S &ME, Inc 9751 Southern Pine Boulevard Charlotte, N C. 28273 704.523.4726 Joey Lawler, P.W.S f� t Authorization: I lr'•� on behalf of (Contact Signature) � �L-G V14 P�7� / ``' V/ -J ��I hereby authorize (Project Sponsor) S &ME, Inc to act as agent with the USACE / NCDWQ in securing Section 401 /404 /Riparian Buffer Authorization permits for the above - referenced project APPENDIX 11 CURRENT SECTION 4041401 APPROVAL LETTERS 1 ATMA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A Rdeder John E Skvarla, III Governor Director Secretary September 5, 2013 Piedmont Natural Gas Attn: Jim Kalish 4720 Piedmont Row Dr. Charlotte, NC 28210 DWQ # 13 -0512 Guilford /Alamance County Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Jordan Riparian Buffer Impacts with Additional Conditions PNG Greensboro Reclamation Project Dear Mr. Kalish: You have our approval for the impacts listed below for the purpose described in your application dated May 10, 2013 and received by the Division of Water Resources — Water Quality Programs (Division) on May 14, 2013 and subsequent information on July 8, 2013, August 5, 2013, August 27, 2013 and September 4, 2013 . These impacts are covered by the attached Water Quality General Certification Number 3884, Jordan Buffer Rules and the conditions listed below. The General Certification allows you to use Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification and Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification (s) /Permit /Authorization and is responsible for complying with all conditions. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: Winston -Salem Regional Office Location 585 Waughtown St. Winston - Salem, North Carolina 27107 Phone 336 -771 -50001 FAX 336 - 771 -46301 Customer Service 1- 877 -623 -6748 Internet www ncwaterouality ora An Equal Opportunity 1 Affirmative Acton Employer PNG DWQ# 13 -0512 401 /Buffer APPROVAL Page 2 of 5 1 The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met No other impacts are approved, including incidental impacts Type of Impact Amount Approved Amount Approved (Units) (units) Temporary Permanent Stream Site 1 15 (linear feet) 35 (linear feet) restoration Site 2 27 (linear feet) 52 (linear feet) restoration Site 3 66 (linear feet) 404/401 Wetlands Site A 0.02 (acres) 0.13 (acres) Site B 0.04 (acres) 0.28 (acres) Buffers Zone 1- perpendicular crossings > 40 linear feet with 30 foot maintenance corridor (Allowable Activity) Streams 1, 2, 3, 11, 12, 5,278 square feet 3,020 square feet 18, 25, 26, 30, 31, 32, 33,39 Buffers - Zone 2 - perpendicular crossings > 40 linear feet with 30 foot maintenance corridor (Allowable Activity) Streams 1, 2, 3, 11, 4,673 square feet 0 square feet 12, 18, 25, 26, 30, 31, 32, 33, 39 Buffers Zone 1- Other than perpendicular crossings (Allowable Activity with Mitigation) Streams 4, 5, 6, 7, 8, 9, 15,875 square feet 5,042 square feet - 10, 13, 14, 15, 16, 17, restoration of buffer P1, 19, 20, 21, 22, 23, 24, 27, 28, 29, 34, 35, 36, 37, 38, 40, 41 Buffers - Zone 2 - - Otherthan PNG DWQ# 13 -0512 401 /Buffer APPROVAL Page 3 of 5 perpendicular crossings (Allowable Activity) Compensatory Mitigation Required Buffer Basin / Sub -basin Streams 4, 5, 6, 7, 8, 12,404 square feet 0 square feet 9, 10; 13, 14, 15, 16, 17, P1, 19, 20, 21, 22, 23, 24, 27, 28, 29, 34, 35, 36, 37, 38, 40, 41 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification and Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications) /Permit /Authorization and is responsible for complying with all conditions. 3. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. Until the EEP receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the EEP to meet the following compensatory mitigation requirement: 4. The plans provided along with the application depict clearing activities within Zone 2 of the protected buffer where utility lines are parallel to a stream. This activity is designated as "allowable" under the Buffer Rule provided that fill is not placed in Zone 1, diffuse flow is maintained as per the Buffer Rule, the disturbed areas are stabilized and re- vegetated, and the health of the existing vegetation in Zone 1 is not compromised. 5 The Permittee shall replant the vegetation within temporarily disturbed areas and violation areas proposed for restoration associated with this project in an "in kind" manner immediately following construction. Restoration of trees /shrubs /forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. Compensatory Mitigation Required Buffer Basin / Sub -basin Buffer — Zone 1 47,625 ( square feet) Jordan / Haw 4. The plans provided along with the application depict clearing activities within Zone 2 of the protected buffer where utility lines are parallel to a stream. This activity is designated as "allowable" under the Buffer Rule provided that fill is not placed in Zone 1, diffuse flow is maintained as per the Buffer Rule, the disturbed areas are stabilized and re- vegetated, and the health of the existing vegetation in Zone 1 is not compromised. 5 The Permittee shall replant the vegetation within temporarily disturbed areas and violation areas proposed for restoration associated with this project in an "in kind" manner immediately following construction. Restoration of trees /shrubs /forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. PNG DWQ# 13 -0512 401 /Buffer APPROVAL Page 4 of 5 6. The restoration of Wetland A, Wetland B, Stream 22 and Stream 23, in response to the violations noted in a March 25, 2013 NOV, shall occur within 60 days of issuance of this approval. The restoration shall be in accordance with the Restoration Plan submitted with the May 2013 PCN. The Winston -Salem Regional Office shall be notified upon completion of the restorations 7. Please be aware that by having impacted streams, wetlands and buffers without first applying for and securing the issuance of a 401 Water Quality Certification and Buffer Authorization, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H.0500 and 15A NCAC .02B .0267. Title 15A NCAC 2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143- 215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This approval and its conditions are final and binding unless contested. This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http.//www ncoah.com/ or call the OAH clerk's office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification and Buffer Authorization, you must file the petition with the Office of Administrative Hearings A petition is considered filed when the original and one (1) copy along with any applicable filing fee is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8.00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition along with any applicable filing fee is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 PNG DWQ# 13 -0512 401 /Buffer APPROVAL Page 5 of 5 One (1) copy of the petition must also be served to DENR• Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division of Water Quality under section 401 of the Clean Water Act and the Jordan Riparian Buffer Rules as described in 15A NCAC 02B .0267. Please contact Sue Homewood at 336 - 771 -4964 or Sue.Homewood @ncdenr.gov if you have any questions or concerns Sincerely, W. Corey Basinger Regional Supervisor DWR Winston -Salem Regional Office Enclosures: GC 3884 Certificate of Completion cc, Joey Lawler, S &ME (via email) Andy Williams, USACE Raleigh Regulatory Field Office (via email) DWR -WQP WSRO 401 files DWR -WQP Webscape Unit s U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id SAW -2013 -00618 County Guilford U S G S Quad NC-GIBSONVILLE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permitee. Piedmont Natural Gas Jim Kalish Address 4720 Piedmont Row Drive Charlotte, NC, 28210 Telephone Number 704 -572 -7985 Size (acres) 242 acres (entire line) Nearest Waterway Blackwood Creek USGS HUC 3030002 , Location description 1EAsting PNG Itiiht- of -Wayio Right of Way Reclamation Protect. Nearest Town McLeansville River Basin Haw. North Carolina. Coordinates Latitude 36.1166 .. Longitude - 79.6310 Description of projects area and activity This AFTER »TUE -FACT authot ization isFfor temporary and permanent imnact&to 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- NWP 12 Utility 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 May 24, 2013, including updated plans and information dated July 18, 2013 and August 29, 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 of 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 permit, activities which have commenced (i e, are under consti uction) or ai c 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- 807 -6300) to determine Section 401 requirements For activities occurring- within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), 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 Aimy verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local,appi ovals/perm its , . If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory pi ogram, please contact Andrew Williams at 919 -554 -4884 x26 or Andrew .E.Williams2AUsace.army.mil. Corps Regulatory Official Date 09/10/2013 Expiration Date of Verification 03118/2017 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 33 1) 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 m 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 SAW- Basis For Determination: The streams identified as S22 and S23 are relatively permanent waters (RPWs) and are unnamed tributaries to Blackwood Creek (also an RPW). Blackwood Creek is a tributary to Buffalo Creek, an RPW. Buffalo Creels is a tributary to Reedy Fork, an RPW, and Reedy Fork is a tributary to the Haw River, a traditionally navigable water (TNW). The Haw River is a, tributary to the Cape Fear River, a navigable water of the United States. The Ordinary High Water Mark (OHWM) of the unnamed tributary was indicated by the following physical characteristics: clear natural line impressed on the bank, shelving, and the destruction of terrestrial vegetation. The wetlands (WA and WB) meet the hydrophytic vegetation, wetland hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland Delineation Manual and the Eastern Mountains and Piedinont Regional Supplement and are contiguous with either stream S22 or S23. The stream identifed as S24 is a relatively permanent water (RPW) and an unnamed tributary to Rock Creek (also an RPW). Rock creek is a tributary to Little Alamance Creek. Little Alamance Creek is an RPW and a tributary to Big Alamance Creek, an RPW and a traditionally navigable water (TNW), in the lower reaches. Big Alamance Creek is a tributary to the Haw River, a TNW The Haw River is a tributary to the Cape Fear River, a navigable water of the United States. The Oi dinary High Water Mark (OHWM) of the unnamed tributary was indicated by the following physical characteristics. clear natural line impressed on the bank, shelving; and the destruction of terrestrial vegetation. This jurisdictional determination is only for the stream /wetlands proposed for impacts associated with this Nationwide Permit verification and does not include any other waters /wetlands that may be located on the project site. Remarks: None , E. Attention USDA Program Participants This del meation/determmation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request The deluieation/determmation 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). E F z This correspondence constitutes an approved dui isdictional determination for the above described site If you object to tlus 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 t n US Army Corps of Engineers South Atlantic Division Attn Jason Steele, Review Officer' 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303 -8801 4 Phone- (404) 562 -51 a 37 3 e 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 3315, 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 11 / 11/2 013. * *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 — Andrew Williams- Date of JD 09/10/2013 I Expiration Date of JD September 10, 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 our customer Satisfaction Survey online at http / /pei2.nwp usace army mil /surveyhtinI . Copy furnished Sue Homewood North Carolina Department of Natural Resouices Division of Water Quality , 585 Waughtown Street Winston - Salem, NC 27107 Joey Lawler, P W S Senior Project Manager S &ME, Inc 9751 Southern Pine Boulevard Charlotte NC 28273 Action ID Number: SAW- 2013 -00618 County: Guilford Permittee: Piedmont Natural Gas .Jim Kalish Project Name: Piedmont Natural Gas /Guilford County Reclamation Proiect Date Verification Issued: 09/10/2013 Project Manager: Andrew Williams Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS 'WILMINGTON DISTRICT Attn: Andrew Williams 3331 Heritiage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the ,terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date | ' / � | WMWI Applicant Piedmont Natu )618 Date 09/10/2013 Jim Kahsh -Attached is, See Section below lil PERMIT DENIAL _C APPROVED JURISDICTIONAL DETERMINATION __D ^^~'L^^~~`^~^^ JURISDICTIONAL DETERMINATION / ~ A: INITYXI, PROFFERED PERMIT: You may acceptor object to the permit. • ACCEPT If YOU ieceived a Standard Pei mit, you may sign the permit document and return it tothe district engineer for final authorization If you received a Lettei of Pei mission (LOP), you may accept the LOP and your work is authorized Your signatuie on the Standaid Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the perinit, including its terins and conditions, and approved jurisdictional determinations associated with the peimit • OBJECT If you object tothe permit (Standard or LOP) because of certain terms and conditions therein, you may request that the peirnit be modified �ccordingly* You must complete Section Il of this form and return the form to the district engineer Your objections must be'ieceived by the district engineer within 60 days of the date of this notice, or you will forfeit your tight to appeal the peii-nit in the future Upon receipt of your letter, the district engineer will evaluate your objections and may (a) modify the permifto address all of your concerns, (b) modify the permit to address some of your objections, oi (c) not modify the permit having determined that the permit should be issued as pieviously wiitten After evaluating your objections, the disbict engineer will send you a pi offered permit for your reconsideiation, as indicated in Section B below 9: PROFFERED PERMIT:- You -may accept or appeal the permit • ACCEPT If you ieceived a Standard Permit, you may sign the permit document and return it to the district engineer for final' ai�thoiization If you ieceived a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature on the St�ndai d Pei mit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its lei ins and conditions, and appioved jurisdictional determinations associated with the peimit • APPEAL If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions theiein, you may appeal the declined permit Lindej the Corps of Engineers Administrative Appeal Process by completing Section 11 of this fbim and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of thii notice C:_ PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Adininistiative Appeal Process by completing Section 11 of this form and sending the fbirn to the division engineer This fbim must be ieceived by the division engineer within 60 days� of the date of this notice D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new information • ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the appioved JD • APPEAL If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engirteers Administiative Appeal Process by cornpleting Section 11 of this form and sending the form to the district engineer Thisform must be received by the division engineer within 60 days of the date of this notice TE: PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps regarding the preliminary JD The Preliminary JD is not appealable If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction Also you may provide new information for further consideration by the Corps to reevaluate the JD. WIT '110 ' - - _ - t; �� _41 s 9v 'b SECT iI REQTJES T I tOR AF'PEAI xor (JBJE INT Di ePERI±iTLT >: -IOTI= f1,®yNSmToiAN ,,PILOI?FtER131 a REASONS FOR APPEAL OR OBJECTIONS - (Describe your reasons for appealing the decision or your objections-to an-initial proffered permit in clear concise statements You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record ) ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record Neither the appellant nor the Corps may add new information or analyses to the record. However, you may pi ovide additional infoi mation to clarify the location of information that is already in the administrative record If you have questions regarding this decision and /or the If you only have questions regarding the appeal process you may appeal process you may contact I also contact District Engineer, Wilmington Regulatory Division, Attn: Mr Jason Steele, Administrative Appeal Review Officer Andrew Williams CESAD -PDO 3331 Heritiage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, North Carolina 27587 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303 -8801 Phone: 404) 562 -5137 _ RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process You will be provided a 15 day notice of any site invests atton, and will have the opportunity to participate in all site investigations Date: Telephone number• Signatuie of a2pel lant or agent ` For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Pi offered Permits and approved Jurisdictional Determinations send this form to: , Division Engineer, Commander, U.S Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 e APPENDIX III SITE PHOTOGRAPHS Photo 1. View of Stream 7A within existing ROW facing downstream. Photo taken January 2013 during assessment of the Greensboro Reclamation project. Photo 2:View of Stream 7A within existing ROW upstream of the project area. Photo taken January 2013 during assessment of the Greensboro Reclamation project. Photo 3: Current view of project area taken September 2013. Note existing PNG gasline markers. Photo 5: View of Stream 7A within wooded portion of the project area. Photo 4: View of Stream 7A within existing ROW taken during September 2013 site visit. Photo 6: View of wooded portion of the project area adjacent to the existing ROW. SITE PHOTOGRAPHS Photo Page 1 of 1 APPENDIX IV PRELIMINARY JD INFORMATION PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 10 03 13 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: JOEY LAWLER, PWS S &ME, INC 9751 SOUTHERN PINE BOULEVARD CHARLOTTE, N C 28273 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: WILMINGTON DISTRICT - RALEIGH REGIONAL OFFICE GREENSBORO RECLAMATION - BRANDT RIDGE DRIVE RELOCATION SAW- 2013 -00618 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: THE REVIEW AREA IS LOCATED WITHIN AND DIRECTLY ADJACENT TO PNG'S EXISTING 50 -FOOT WIDE RIGHT -OF -WAY (ROW) NORTH OF BRANDT RIDGE DRIVE (36 142773, -79 850325), GREENSBORO, GUILFORD COUNTY, N C (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State NORTH CAROLINA County /parish /borough GUILFORD City GREENSBORO Center coordinates of site (lat/long in degree decimal format) 36 142773, -79 850325 Universal Transverse Mercator 17N, NAD83 NC STATE PLANE Name of nearest waterbody UT TO HORSEPEN CREEK Identify (estimate) amount of waters in the review area Non - wetland waters SEE TABLE Cowardin Class SEE TABLE Stream Flow SEE TABLE Wetlands SEE TABLE Cowardin Class SEE TABLE Name of any water bodies on the site that have been identified as Section 10 waters NONE Tidal N/A Non -Tidal N/A E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination Date ❑ Field Determination Date(s) 1 The Corps of Engineers believes that there may be Jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved Jurisdictional determination (JD) for that site Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time 2 In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of Jurisdictional waters, (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions, (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization, (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary, (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable, (6) accepting a permit authorization (e g , signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are Jurisdictional waters of the United States, and precludes any challenge to such Jurisdiction in any administrative or Judicial compliance or enforcement action, or in any administrative appeal or in any Federal court, and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual 2 permit denial can be administratively appealed pursuant to 33 C F R Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C F R 331 5(a)(2)) If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply) - checked items should be included in case file and, where checked and requested, appropriately reference sources below) ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant SEE ATTACHED FIGURES ® Data sheets prepared /submitted by or on behalf of the applicant/consultant ❑ Office concurs with data sheets /delineation report ❑ Office does not concur with data sheets /delineation report ❑ Data sheets prepared by the Corps ❑ Corps navigable waters' study ❑ U S Geological Survey Hydrologic Atlas ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ® U S Geological Survey map(s) Cite scale & quad name LAKE BRANDT, NC ® USDA Natural Resources Conservation Service Soil Survey Citation GUILFORD COUNTY ❑ National wetlands inventory map(s) Cite name ❑ State /Local wetland inventory map(s) ❑ FEMA/FIRM maps ❑ 100 -year Floodplain Elevation is (National Geodectic Vertical Datum of 1929) ® Photographs ® Aerial (Name & Date) 2010 AERIAL PHOTOGRAPHS or ® Other (Name & Date) S &ME REPRESENTATIVE SITE PHOTOGRAPHS ❑ Previous determination(s) File no and date of response letter ® Other information (please specify) SEE ATTACHED WATERS UPLOAD SHEET AND STREAM FORMS 3 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) See attached Agent Authorization Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) USACE Waters Upload Sheet Brandt Ridge Drive Relocation SME Project No 1357-13-027 1032013 A10 'IC Waders Name Vw�ardl 0 acres Rw f rs faters Typ Types MOMME ktlfu'dj�qq alt' MY#; Longitude u—cde 'dif ut 11 (da"n 8 '0831 O"aw M, I Waterway � 1 9 S7A R3UB RIVERINE 200 RPW 361428 -798503 UT to Horsepen Creek NC DW ° Stream_Identifcation Form Version 4.11 7A Date o 7--7,1 ProjecVSite F 4T fZIDGi- „Latitude Evaluator, J, L�� County. & / Longitude Total Points 3� Stream is at least intermittent if z 19 or perennial if 2 30' Stream Determination (circle a Ephemeral Intermittent erennia Other e g Quad Name: A Geomorphology- (Subtotal= Absent Weak Moderate Strong is Continuity of channel bed and bank 0- _ 1 _ _ 2 3 2 Sinuosity of channel along thalweg 0 1 2 0 3 In-channel structure -ez raffle -pool, step - pool,- ripple-pool se uence _ 0 O 2 Y 3 4 Particle size of stream substrate 0 1 _ 1 3 5 Active /relict floodplain _ 0_ __ , __ _ _ 1 (D 3 6 Depositional bars or benches_ _ _ _ _ _ 0 1 3 7 `Recent alluvial deposits - 0 1 1 3 8 Headcuts 1 2 3' 9 Grade control 0 0 1 = 1 5 10 Natural valley 0 05 1 1 11 Second or greater order channel _ _ a =_0 Yes = 3 d artificial ditches are not rated, see discussions in manual B Hydrolog Subtotal = 12 Presence of Baseflow 0 1 2 3 13 Iron oxidizing bacteria — 0 1 2 3 14 Leaf litter 1 5 1 05 0 15 Sediment on-plants or debris_ 0 05 2 15 16 Organic debris lines or piles __ _ _- _ _ ___ 0 0 5 _ _ 1 _ 1 5 =_ _ 17' Soil -based evidence of high-water table? - ' 4 No = 0 05 C— Biology fSubiotal-= 7, 18 Fibrous roots in streambed, 3 1 0 19 Rooted upland plants_m streambed _ _ 3_ 1 0 - 20 Macrobenthos (note diversity and abundance) _ 0 _ Up -2 3 V 21 Aquatic Mollusks° - _ 1 2 3 22 Fish - _ - 0 - 0.5 - 23 Crayfish 0 05 24_ Amphibians _ 0 95- 1 1 5 25 Algae _ _ _ _ 0 0 5_)_ 1 15 26 Wetland plants in streambed FACW = 0 75, _0BL = 1 5 ther = 'perennial streams may also be identified using other methods See p 35 of manual - _ Notes Sketch \ / A " WOO USACOE A19 # DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET _401 Provide the following information for the stream reach under assessment. 1. Applicant's Name 3. Date of Evaluation nq 5 Name of stream L /_��'�- 7 Approximate drainage area 9. Length of reach evaluated 11 Site coordinates (if known) prefer in decimal degrees Evaluator's name 4. Time of Evaluation 6 River basin 8 Stream order �'�'[ 10. County —� 11. Subdivision name (if any) Latitude (ex 34 872312) Longitude (ex — 77 556611 Method location determined Topo Sheet Ort) (Aerial Pliot &/,GJ Other GIS Other 13. Location of reach under evaluation (note the nearby roads and landmarks and attach a map identifying stream(s) location) V r w 14. Proposed channel work (if any) 15. Recent weather conditions IX7,4.4 16. Site conditions at time of visit 17 Identify any special waterway classification known _ Section 10 Tidal Waters Essential Fisheries Habitat Trout Waters Outstanding Resource Waters Nutrient Sensitive Waters Water Supply Watershed (I -IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area o. Z Az, 19. Does the channel appear on a USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey ( DO- NO % Residential % Commercial ID % Industrial v % Agricultural 21 Estimated watershed land use % Forested % Cleared/Logged % Other x 22 Bankfull width ti 23 Bankfull height (from bed to top of bank) 24. Channel slope down center of stream ✓Flat (0 -2 %) Gentle (24%) Moderate (4 -10 %) Steep ( >10 %) 25 Channel sinuosity Straight ✓ Occasional bends Frequent meander Very sinuous Braided channel Instructions for completion of worksheet (located on page 2)• Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc Every characteristic must be scored using the same ecorcgion Assign points to each characteristic within the range shown for the ecoregion Page 3 provides a brief description of how to review the characteristics identified in the worksheet Scores should reflect an overall assessment of the stream reach under evaluation If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section Where there are obvious changes in the character of a stream under review (e g, the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality Total Score (from reverse)- Comments- Evaluators Signature: Date: This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement Form subject to change — version 06/03 To Comment, please call 919- 876 -8441 x 26 STREAM QUALITY ASSESSMENT WORKSHEET'( *These characteristics are not assessed in coastal streams ECOREGION POINT RANGE CHARACTERISTICS SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0 -5 0 -4 0 -5 2— (no flow or saturation = 0; strong flow = max points) 2, Evidence, of past human alteration 0 -6 0 -5 0 -5 (extensive alteration = 0; no alteration = max points) Riparian zone 0 -6 0-4 0 -5 2 I (no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0 -5 0 -4 0 -4 (extensive discharges = 0; no discharges = max points) ,-a Groundwater discharge 0 -3 0 -4 0 -4 U5 (no discharge = 0; springs, seeps, wetlands, etc. = max points) _ 6 Presence of adjacent floodplain 0 -4 0 4 0 -_ 'Z (no flood lain= 0; extensive flood lain = max points) 7 Entrenchment / floodplain access 0 -5 0 -4 0 -2 I a (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands 0 -6 0 -4 0 -2 (no wetlands = 0; lar a adjacent wetlands = max points) , 9 Channel sinuosity 0 -5 0 -4 0 -3 2 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0 -5 0 -4 0 -4 (extensive deposition= 0; little or no sediment = max oints 11 Size & diversity of channel bed substrate NA* 0 -4 0 -5 (fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0 -5 04 0 -5 (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0 -5 0 -5 0 -5 2 (severe erosion = 0; no erosion, stable banks = max points) J M 14 Root depth and density on banks ' 0 -3 0-4 0 -5 3 E (no visible roots = 0; dense roots throughout = max points) Qn 15 Impact by agriculture, livestock, or timber production 0 -5 0.4 '0 -5 (substantial impact =0 no evidence = max points) 16 Presence of riffle- pool /ripple -pool complexes '' 0 -3. 0 -5 0 -6 2- (no riffles/ripples or pools = 0; well-developed = max points) Habitat complexity 0 -6,; 0 -6 0 -6 d17 (little or no habitat `= 0; frequent, varied habitats = max oints} 18 Canopy coverage over streambed 0 -5 0 -5 0 -5 (no shading vegetation = 0; continuous canopy = max points) 2: 19 Substrate embeddedness- NA* 0 4 0 -4 (deeply embedded = 0; loose structure = max) 20 Presence of stream invertebrates (see page 4) 0 -4 0-5 0 -5 (no evidence = 0; common, numerous tv es = max oints) 21 Presence of amphibians 0 -4 04 0 -4 I (no evidence = 0; common, numerous types = max points) O 22 Presence of fish 0 -4 04 0 -4 0 no evidence = 0; common, numerous es = max points) pa 23 Evidence of wildlife use 0 -6 0 -5 0-5 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 �4 TOTAL SCORE (also enter on first page) *These characteristics are not assessed in coastal streams APPENDIX V DRAWINGS �� Z? ��� PIN 11) �>� \ 12 BRAND 479 ?107 0 B sso Cf 7 !029 N✓ 12° PN q - rL1PpRA G GA S �EINf G N "J 112 '4.��\ G 4 PIN G \ C g 3 6c f 10C 0 D -1? r 833 PG 02s �' h� offu OHIJ \ C HU GHU z2 e�IzA E>' 784781 _ UQANN D LI 7897 0 g 7336 p�N 0 9 ppN LEGEND XX PNG TRACT NUMBER — — — — EXISTING PNG RIGHT OF WAY — — — TOP OF STREAM BANK —G —G— GAS LINE oHU OVERHEAD UTILITY — - - — ROAD RIGHT OF WAY rryry- � WOODS LINE ? PROPERTY LINE — zt EDGE OF ZONE 1 BUFFER —Z2 EDGE OF ZONE 2 BUFFER PIN 112D kBq��A�AtIR CF 8841 D B 4327 pGC R 9L PROPOSED SPACE PORAFfY Fi r\ � C CV oKu e GHU�„`"" \ tj \ r CNU � fu �oHu DUkF £NRGY PIN )1) x BRA/V,0 )p77 0 3 sO PG 0 029 STREAM BUFFER IMPACT' �. ZONES 1 ZONE 2 TEMPORARY IMPACT 4,582 SF 1,562 SF AREA PERMANENT CONVERSION AREA 2,585 SF 1,059 SF n \� PERMANENT CONVERSION AREA TEMPORARY IMPACT AREA 3 GRAPHIC SCALE O ti u � �. MWa \ \? �qC �3 ? — < _ _ ? W — N � W — — — ( IN FEET ) I inch = 30 ft t r of �/ a slTE TY RD / t,, \ o `SILT FENCE & LIMITS OF DISTURBANCE, EXCAVATED— — j'I fff i 5' DITCH F — — NEYL_121 GAS-.WE 17 T11NIkIUF fy5'0(R — HATCHED AREA 'DEL! N FATES 1 AI , TYPICAL STREAM' Dbl CROSSING CONSTRUCTION NOT TO SCALE CARD I HEREBY CERTIFY THAT A SURVEY'WAS,MADE UNDER MY FESS /Q SUPERVISION AND THAT THE STREAld BANK DATA„ SHOWN `.� 'QUO ZOEREON,IS FROM DIRECT FIELD DATA COLLECTED FALL OF � SEAL = ____ L -4464 /F Y S S I PLS -- L 44 ,,FR Y S /fillill1i111 \1\ JURISDICTIONAL BOUNDARIES ,OF LINE 2 0 0 GREENSBORO NORTH LOOP R/W RECLAMATION PROJECT IR# 0230183 PIEDMONT NATURAL .GAS COMPANY, INC. GUILFORD COUNT Y GREENSBORO, NORTH CAROLINA SHEET 7A 0 N C License No C -1362 Regionai Land Surveyors, Inc. 8642 WEST MARKET STREET, SUITE 100' GREENSBORO, NORTH CAROLINA 27409 TELEPHONE (336) 665 -8155 1227 32 DRA1Wi' BY DLY' DATE 09/30/13 1 CREW CHIEF BY I DATE I DESC S 1 ADJ CENT 11 Ilk I.'� \ / V I / •!i'�- � �I )J S� 'r- s.ya'• 111 � ` PIN. ]Ba)111OT1 \, /�n� ; ~ � � - � •f NOW . Gs�— D.B. 3O PD I— p .r W,PR0PO5ED IEMPORMY ya el WACE — ]D' PRDP1im Rw kv — aIm PACE • -� R: )tit. M C,ts,Ul[ •�� /./ /{r-- Cam. -.�,�c�c��C�G��.. 4,W ..— - �w �... ��,no�:: — G�>_�G 0(•,`, P '..' - - .a' -y�.- G'-' G �bSRyc�z. eRa'lo mDa -• 'r , ' - }• " •?'� d aa+i' PNC ca ? a Y7'�. _.. .S MME _ 1504` TCM `)� r,' 1q r a,'=• Yi.r tiI'� .. _ ,�' _ . \t].. • • -STS �- ___._- _ _ .:: -_. ..0 "C _._ - .._ __ _.__ _ -. -. __ _ - >�" -- _ -. `i- '_� t.- _. __ -. .... _. _..: - _ _ _ - ..�,�._... 1 s]el \ \ \ CNAFL L VMAJ�Fli1 ERMR d DARRU.oI , EIl7ABk11N D. / y YR{IAYS oB. Se.a PG. lee1 -P61py I..DNNELLO' .il 'I :.�.f piO- PC.ROI 3R •' pw 1�17e ' NFRNENNPoCE�aDIEI:. - - I _ Pf O Dn \\ - �I `moo / (''.�. •i,.� 1•. _ ��. ` / l • 1 __ Druz] Pc iocp,, oa'PC�aaa �a��� O.Y. 101 1 � ° i I . (} �' 3 PN mt>y(�/Ny "�• f' /( Pm ).r.-9I9)B• NRPNWS SiJN SN RE VID N3f As i f .'S �:. \ - AIRIUS w. NE gApp ` . • DR D.B 284 W6 ., / P: 2Mf , n% I 1� :11 f� :1 9 VOT FOR RECORDATION. ) / // 0+00 00 11 VERTICAL 1" 1C 11 11 , Piedmont W42 WEST STRUT, 1111111111111111111111111 1111.11 —■ - SEAL r" as -:.' a a1' . ., 111 11 �1 L-4464 2 111111■ 1■11111� 1111111♦ 1111111111, 111111■ 1.1111111 IR If 0230183 _ — -- ■ APPENDIX VI RESTORATION PLAN RESTORATION PLAN PNG Greensboro Reclamation Project — Brandt Ridge Drive Relocation Greensboro, 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 is proposed for implementation to restore the temporarily- affected stream This plan entails restoration of temporarily-disturbed areas to their original contours and conditions to the degree practicable upon project completion Further, it specifies that disturbed streambanks will be permanently stabilized with a native vegetative cover, and affected portions of the Zone 1 buffer planted with woody species The measures outlined below will be specified to the contract documents prepared for construction of the proposed project Proposed restoration activities 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 shall be stockpiled separately and then replaced uniformly over the area of excavation from which it was removed At temporarily- affected streambanks and portions of the Zone 1 buffer, the native riparian seed mix specified in Table 1 below shall be utilized Table 1: Riparian Seed Mix* S ecies ro., (Comrriori° Name � ; °5,�", 'Al �Percenta a of IVlix, El mus virglrncus Virginia wild rye 15 Pan►cum virgatum Switch grass 15 Agrostis stollnifera Creeping bent grass 10 Rudbeckta hirta, NC ecotype Black-eyed Susan 10 Cored sis lanceolate Lance leaf tickseed 10 Parncum clandestmum Deer tongue 10 Andro ogon gerardu Big bluestem 05 Juncus effusus Soft rush 05 Echmochloa muncata Awned barnyard grass 05 Schfzach mum sco arum Little bluestem 05 Sor hastrum nutans Indian grass 05 Trn sacum dact loides 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 • Restoration Plan S &ME Project No 1357 -13 -027 PNG Greensboro Reclamation Protect — Brandt Ridge Drive Relocation October 3, 2013 To provide quicker cover, the mix specified in Table should also be augmented with the appropriate cover /companion species, as identified in Table 2 Table 2: Cover /Companion Crops Use of annual rye (Lolium multiflorum) is not recommended, as it competes with native grasses for water and nutrients Additionally, affected banks of the stream crossing shall be stabilized with coir matting and re- vegetated using native woody species In the event that restoration of the temporarily - impacted streams occurs during the dormant season, woody plantings should consist of a combination of hvestake and bare root species (Table 3) In the event that restoration takes place during the growing season, plantings should also include an appropriate mix of containerized species (Table 4). Table 3: Live Stake and Bare Root Species* Species - Common S65"s-66M Mix `�s�` Notes: Festuca Physocarpos opulifolius Ninebark 3 -5 Ibs/acre, Weak competitor, does not brevipda Hard fescue Fall, Winter 20% interfere with native grasses Salix sencea Silky willow 2 feet on center Sambucus canadensis Shade tolerant Festuca ovina Sheep Fall, Winter 3 -5 Ibs/acre, fescue 20% Secale cereale Ceareal or Early Spring 30 Ibs/acre Grows 3-4' tall, but not a strong a Winter rye or Fall competitor Lolium Perennial rye Spring, 20 -50% Shorter rye, lasts about 2 years, erenne Summer then dies out Foxtail or Spnng, Good germination, dies off with Setana italica German Summer o 20-50% frost, does not tolerate mowing Millet Use of annual rye (Lolium multiflorum) is not recommended, as it competes with native grasses for water and nutrients Additionally, affected banks of the stream crossing shall be stabilized with coir matting and re- vegetated using native woody species In the event that restoration of the temporarily - impacted streams occurs during the dormant season, woody plantings should consist of a combination of hvestake and bare root species (Table 3) In the event that restoration takes place during the growing season, plantings should also include an appropriate mix of containerized species (Table 4). Table 3: Live Stake and Bare Root Species* Species PlantSpacing _.e Comus amomum Silky dogwood 2 feet on center Physocarpos opulifolius Ninebark 3 feet on center Salix carohniana Carolina willow 1 foot on center Salix nigra Black willow 1 foot on center Salix sencea Silky willow 2 feet on center Sambucus canadensis Elderberry 3 feet on center Symphoncarpos 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 -13 -027 PNG Greensboro Reclamation Protect — Brandt Ridge Drive Relocation October 3, 2013 Table 4: Containerized Species Composition* Spe is es - —� ,� , CommonName,� `� sPlantpacing, Alnus serrulta Tag alder 5 feet on center Aroma arbutifolia Red chokeberry 5 feet on center Callicarpa Amencana Beautyberry 5 feet on center Carpinus carolunana Ironwood 5 feet on center Cercis canadensis Redbud 5 feet on center Comus amomum Silky dogwood 5 feet on center Fraxrnus carohniana Carolina ash 5 feet on center Lindera benzoin Spicebush 5 feet on center Ilex verticdlata 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 Temporarily affected portions of the Zone 1 buffer shall also be re- planted with the species identified in Table 4, or with appropriate substitutions Substitutions to the species identified in Tables 3 and 4 may be made based on availability and approval of S &ME North Carolina Suppliers of native seed and plant material Mellow Marsh Farm 1312 Woody Store Road Sller 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 vlantsAnlantnative net Ecosystem,, PROGRAM October 1, 2013 Jim Kalish, P E_ Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte, NC 28210 Protect: PNG Brandt Drive Relocation Expiration of Acceptance: April 1, 2014 County. Guilford 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 thisadecision 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 thatpermit and payment must be -made prior to conducting the ,authorized work The amount of the ln- 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 m the following table The amount of mitigation required and assigned to NCEEP fp► this impact is determined by pennittmg agencies and may exceed the impact amounts shown below Impact River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq Ft) Buffer II (Sq Ft) Cold Cool Warm Ri ar►ari Non - Riparian Coastal Marsh , HAW Cape Fear 03030002 0 0 0 0 0 0 2,585 1 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 Progi am 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, D n 9?1� James Stanfill V Asset Management Supervisor cc Karen Higgins, NCDWR Wetlands /401 Unit Andy Williams, USACE- Raleigh Sue Homewood, NCDWR- Winston -Salem Joey Lawler, agent File R-UtDY ... m"... Protect' Oar Stag s'�'� I�CDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 707 -8976 / www nceep net