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HomeMy WebLinkAbout20130512 Ver 3_401 Application_20140614LETTER OF TRANSMITTAL S&ME, Inc. 9751 Southern Pine Blvd. Charlotte, NC 28273 704.523.4726 704.525 -3953 fax Sent VIA UPS To: NC Division of Water Resources Webscape Unit 512 North Salisbury Street Raleigh, NC 27604 zDi3 0512 V3 Date: June 11, 2014 Job No. 4335 -14 -133 Highway 61 Drill Replacement— Line 386 Attn Ms Karen Higgins We Are Sending You ® Attached ❑ Under separate cover via following items ❑ Shop drawings ❑ Contract ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ® Report the Copies Date No Description 5 6/11/14 1 Request for Re- verification of Existing NWP -12 /GC 3884 Authorization — 3rd Revision 1 6/11/14 2 CD with Request 1 6/12/14 3 Check for $240 #023346 These Are Transmitted As Checked Below ® For approval ® For your use ❑ As requested ❑ For Review ❑ For Bids Due _ /_ /_ ❑ Prints Returned After Loan To Us Remarks For your review — If you have any questions, feel free to contact Joey Lawler at 704 - 523 -4726 Thank you Signed Gloria A Keiffer, Administrative Assistant June 11, 2014 NC DWR, Webscape Unit 512 North Salisbury Street Raleigh, North Carolina 27604 Attention: Ms. Karen Higgins Reference: Request for Re- verification of Existing NWP -1 2 /GC 3884 Authorization — 3rd Revision Line 386 — Highway 61 Drill Replacement PNG Greensboro Reclamation Project Guilford County, North Carolina USACE Action ID No. SAW - 2013 -00618 NCDWR Project No. 13015- 121DWR Project No. 13 -0512 S &ME Project No. 4335 -14 -133 Dear 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 (NWT) No. 12 /General Water Quality Certification (GC) No. 3884 for temporary wetland and permanent riparian buffer impacts associated with the above - referenced project. This project involves replacement of the portion of gasline located beneath N.C. Highway 61 in Gibsonville, North Carolina (36.115656 N, - 79.548891 W) by horizontal direction drill (HDD). Staging, access and tie -in excavation activities will affect streams and wetland areas located on the west side of the highway, but will result in no loss of waters of the U.S. The original NWP 12 authorization (U.S. Army Corps Engineers [ USACE] - Action ID No. SAW -2013- 00618) entailed 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), and was issued on September 10, 2014. Subsequent to that work, authorization for new pipeline relocation activities that resulted in an additional 125 linear feet (If) of temporary impact to one perennial stream, was issued on October 21, 2013. In support of this current application, please find enclosed the following: Figures: Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2) and 2013 Aerial Photograph (Figure 3) Appendix I: Pre - construction Notification and Agent Authorization Form Appendix II: Current Section 404/401 Approval Letters S &ME, INC. / 9751 Southern Pine Blvd / Charlotte, NC 28273 / p 704.523.4726 f 704.525.3953 / www.smeinc.com Request for Re- verification of Existing NWP -12 SWE Project No. 4335 -14 -133 Line 386 — Hiahwav 61 Drill Replacement — Gibsonville. NC June 11. 2014 • Appendix III: Site Photographs • Appendix IV: Preliminary JD Information • Appendix V: Jurisdictional Boundary Drawing • Appendix VI: Restoration Plan and EEP Request Letter As the project is located in the B. Everett Jordan Lake watershed, it is 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. A copy of this PCN is also being provided to the USACE pursuant to Section 404 requirements. 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 on 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. These impacts were authorized by the USACE on September 10, 2013. That work has been completed and the temporarily- affected areas restored. Subsequently, replacement of an existing segment of the gasline immediately north of Brandt Ridge Drive resulted in an additional 125 linear feet (If) of impact to a perennial stream (Stream 7a), and authorization was issued on October 21, 2013. That work has also been completed, and the temporarily- affected areas restored. Copies of the original permit authorization letters are included in Appendix II. The purpose of the current replacement project is to address integrity concerns associated with the segment of pipe located beneath Highway 61. Recent inspection of the line found that the pipe was installed in a leaking casing. Further, portion of the pipe approximately 15 east of the end of the casing under Highway 61 was found to be compromised by corrosion, and must be replaced. Replacement of this segment by traditional jack and bore methods is not possible due to shallow rock. Accordingly, the work must be performed by HDD, which requires that a longer segment of the pipe must Request for Re- verification of Existing NWP -12 SWE Project No. 4335 -14 -133 Line 386 — Hiahwav 61 Drill Replacement — Gibsonville. NC June 11. 2014 be replaced in order to achieve the appropriate horizontal radius of curvature and avoid the rock. The old segment of pipe will be removed or grouted and abandoned in place, and the new segment constructed within 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, and in order to safely accommodate construction activities. A new temporary access road will be constructed from Highway 61 north of the existing ROW in order to avoid crossing two streams which currently flow through the area. 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 was mowed in 2013, and contained fescue (festuca), rye grain (Secale cereale), blackberry (Rubus sp.), (Andropogon gerardii), dogfennel (Eupatorium capillifolium), broomsedge (Andropogon virginicus) and goldenrod (Solidago sp.). Wooded portions of the project area were vegetated with red maple (Acer rubrum), tulip tree (Liriodendron tulipifera), box elder (A. negundo), sweetgum (Liquidambar styraciflua) and eastern red cedar (Juniperus virginiana). Additional mid -and understory and herbaceous species observed included Chinese privet (Ligustrum sinense), autumn olive (Elaeagnus angustifolia) and ironwood (Carpinus caroliniana). Catbriar (Smilax rotundifolia) and poison ivy (Toxicodendron radicans) were also observed. Streams within the larger Greensboro Reclamation Project, which includes the Highway 61 Drill project area, were originally assessed for buffer subjectivity in January and February 2013. The primary stream within the current project area was identified as Stream 29, and classified as a perennial channel. S &ME visited the project area on May 28, 2014 to re- assess the site for the presence of wetlands and to update the stream assessment of Stream 29. 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). Wetlands within the project area were identified with a GPS unit and subsequently mapped by Regional Land Surveyors (RLS), a registered land surveyor. A second stream channel, Stream 29A, was also identified as a tributary to Stream 29, and mapped. 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 is included in Appendix IV. Request for Re- verification of Existing NWP -12 S &ME Project No. 4335 -14 -133 Line 386 — Hiahwav 61 Drill Replacement — Gibsonville. NC June 11. 2014 JURSIDICTIONAL IMAPCTS There were no impacts to Streams 29 and 29A proposed in connection with the currently authorized NWP No. 12 (SAW- 2013 - 00618). However, the proposed relocation will temporarily impact 0.265 acre of wetlands, and result in permanent conversion of 0.013 acre of forested wetlands to herbaceous wetlands. The project will also result in 599 sf of impact to Zone 1 buffers, and 298 sf of impact to Zone 2 buffers. The jurisdictional limits identified and mapped by RLS are depicted on the Jurisdictional Boundary Drawing (Sheet 1 of 1) along with the project alignment sheet, in Appendix V. Wetland 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 Previously- Authorized Wetland Impacts (ac) Additional Wetland Impacts Currently Proposed (ac) Total Project Wetland Impacts (ac) Temporary Permanent Temporary Permanent Temporary Permanent 0.41 0.06 0.27 0.01 0.68 0.07 Table 2: Riparian Buffer Impacts Previously- Authorized Riparian Buffer Impacts (sf) Additional Riparian Buffer Impacts Currently Proposed (sf) Temporary Permanent Temporary Permanent Zone 1 Zone 2 Zone 1 Zone 2 Zone 1 Zone 2 Zone 1 Zone 2 15,367 9,232 24,171 18,136 0 0 5 Total Project Buffer Impacts Temporary Permanent Zone 1 Zone 2 Zone 1 Zone 2 15,367 9,232 24,770 18,434 As shown in Table 3, the project will permanently impact 599 sf of Zone 1 and 298 sf of Zone 2. No temporary impacts will result. As noted, no additional permanent or temporary stream impact is proposed. 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 Request for Re- verification of Existing NWP -12 SWE Project No. 4335 -14 -133 Line 386 — Hiahwav 61 Drill Replacement — Gibsonville. NC June 11. 2014 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 May 28, 2014 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 Wagoner House (GF1873), located on Highway 61, approximately 1,500 feet north 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. 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 governing the proper design, installation, operation and maintenance of such best management practices to comply with the appropriate turbidity water quality standard. Avoidance and Minimization The project has implemented avoidance and minimization procedures by replacing the new line by HDD, and conducting the work within PNG's existing easement. 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 the extent practicable, to maintain the integrity of the soil. Stumps shall remain, except where required to accommodate safe working conditions. • 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 affected area. Request for Re- verification of Existing NWP -12 SWE Project No. 4335 -14 -133 Line 386 — Hiahwav 61 Drill Replacement — Gibsonville. NC June 11. 2014 RESTORATION OF AFFECTED AREAS Details of PNG's plans to restore the wetland and buffer areas are described in the Restoration Plan in Appendix VI. Wetlands and buffers will be restored to the extent practicable to near original grade and contour, seeded with a native seed mix and lightly mulched with straw. Excess fill material fill will be removed and the underlying area retuned to pre- disturbance contours. MITIGATION Cumulatively, the project will not result in wetland impacts exceeding 0.10 acre. According, we do not anticipate that additional compensatory mitigation will be required. Mitigation for impacts to Zone 1 of the riparian buffer will be provided through the N.C. Ecosystem Enhancement Program (NCEEP). Mitigation for impacts to Zone 2 is not required, as the area is to remain grassed without above -grade construction or impervious surface. A letter requesting the appropriate amount of credit (599 sf x 3 = 1797) is included in Appendix VI. CLOSING Thank you for your review of this Request for Re- verification of Existing NWP -12 Authorization. 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. C al J. Fo . C. . Senior Project Manager Staff Professional Senior Review by Julie Bennett - Hudel, P.G., LEED AP Attachments: • Figures • 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: Jurisdictional Boundary Drawing • Appendix VI: Restoration Plan/EEP request letter cc. Andy Clark, PLS — RLS Jim Kalish — PNG Neal Tucker — Stimmel Associates FIGURES Legend Existing Gas Line New HDD Section Access Road - Streams i IOA tic a s, 3 y�� U G> 4 Dow • F 0 aw M - 00, 7 .a 01 AF REFERENCE: GIS DATA LAYERS WERE OBTAINED FROM NC USA TOPO MAPS (GIBSONVILLE, NC USGS). PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO O RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. DELINEATED WETLANDS AND PROPOSED FEATURES ARE APPROXIMATIONS. REFER TO JURISDICTIONAL BOUNDARY DRAWING FROM RLS FOR ACCURATE SURVEYED DATA. R, N Tim6 J PROJECTAREA I Or 4p av = I WE Lf-j 1 O` S N N J O 7 N 6 I ai d 0 (00111 lll� ht:© 2013 • C7 O M z w z r d z w II A cC') oZ co 'Iwq w Q z LL Q ° z CL w LL10 sz M LS Z w CD N 2 q o °' J } m ° 2 Q Q W ro z 0 Lu Y m U Q Q Lu i J U L w J C7 O M z w z r d z w II A cC') oZ co 'Iwq w Q z LL Q ° z CL w LL10 sz M LS Z w 2 q 0 Y Q Q V � Z i J L w J O Z 0 L j� m E a m o y = a � � cfl s ° _ MM MT c 0 W Z 3 M = a J c o M v FIGURE NO. 3 a ci 2 Mme" �� # '� q' ■ l �# k Ilk Legend �f 'F� _ r so Existing Gas Line • x ► k �►� ti New HDD Section �`q tx w + kk Soil Mapping Units k� , A ft 4. '4 0-0 qi k � ..+ � ► � , , F�►�#�"l�1'! �� Pub Parcels 20140501 + 4 k k x ► �,' k 1, k IL Access Road 4��� "k l%4 t�� EnB�1 Streams N Wetlands ITS 4 k�k 4k1 M {- 4k IL t It It IL t tyM k44 it k�,k ��ww4ti� x x��k� +� tk A. 4r�k 4t.* W1 6B W16A Ch Lipp REFERENCE: GIS DATA LAYERS WERE OBTAINED FROM NC ONEMAP. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. DELINEATED WETLANDS AND PROPOSED FEATURES ARE APPROXIMATIONS. REFER TO JURISDICTIONAL BOUNDARY DRAWING FROM RLS FOR ACCURATE SURVEYED DATA. �4L r W17 y r 64; .o _ , qr r . 4L rs _ N TlmWE 1 I It C) N } m O m J _ Cfl Y m Qoa W� o _ � U CO o z w ,z �w n m ('D r` O M z z U w o LL u w z U U) a w LL10 U U Z w Z W ' a Q t9 W U 0 Z 0 �W 0 J L > r J co Z x vj > o Lu M C) C) i N c� o 0 a W Z M FIGURE NO. M O 3 APPENDIX 1 PRE - CONSTRUCTION NOTIFICATION AND AGENT AUTHORIZATION FORM 0� W z? Az4 0 h T. 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 1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Line 386 - Highway 61 Drill 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: jim.kalish @piedmontng.com Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Utility Company 4b. Name: Jim Kalish 4c. Business name (if applicable): Piedmont Natural Gas 4d. Street address: 4720 Piedmont Row Drive 4e. City, state, zip: Charlotte N.C. 28210 4f. Telephone no.: 704.572.7985 4g. Fax no.: 704.731.4098 4h. Email address: jim.kalish @piedmontng.com 5. Agent/Consultant Information (if applicable) 5a. Name: Joey Lawler, P.W.S. 5b. Business name (if applicable): S &ME, Inc. 5c. Street address: 9751 Southern Pine Boulevard 5d. City, state, zip: Charlotte, N.C. 28723 5e. Telephone no.: 704.523.4726 5f. Fax no.: 704.525.3853 5g. Email address: jlawler @smeinc.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Project is a portion of a linear utility line Latitude: 36.115656 Longitude: - 1 b. Site coordinates (in decimal degrees): 79.54889 (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: Less than 1 in project area acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to LIT to Travis Creek - DWQ No. 16 -12 proposed project: 2b. Water Quality Classification of nearest receiving water: WS -V;NSW 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 30 feet of PNG's existing maintained ROW and 20 -feet of wooded area within the easement that has not been maintained. 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: Less than 0.5 acre 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: —150 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. The purpose of the current replacement project is to address integrity concerns associated with the segment of pipe located beneath Highway 61. Recent inspection of the line found that the pipe was installed in a leaking casing. Further, portion of the pipe approximately 15 east of the end of the casing under Highway 61 was found to be compromised by corrosion, and must be replaced. Replacement of this segment by traditional jack and bore methods is not possible due to shallow rock. Accordingly, the work must be performed by HDD, which requires that a longer segment of the pipe must be replaced in order to achieve the appropriate horizontal radius of curvature and avoid the rock. 3e. Describe the overall project in detail, including the type of equipment to be used: The old segment of pipe will be removed or grouted and abandoned in place, and the new segment constructed within 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, and in order to safely accommodate construction activities. A new temporary access road will be constructed from Highway 61 north of the existing ROW in order to avoid crossing two streams which currently flow through the area. Industry standrad HDD and pipe installation 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 El Preliminary El 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 Highway 61 Drill project area, were originally assessed for buffer subjectivity in January and February 2013. The primary stream within the current project area was identified as Stream 29, and classified as a perennial channel. S &ME visited the project area on May 28, 2014 to re- assess the site for the presence of wetlands and to update the stream assessment of Stream 29. 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). Wetlands within the project area were identified with a GPS unit and subsequently mapped by Regional Land Surveyors (RLS), a registered land surveyor. A second stream channel, Stream 29A, was also identified as a tributary to Stream 29, and mapped. 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 on 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. These impacts were authorized by the USACE on September 10, 2013. That work has been completed and the temporarily- affected areas restored. Subsequently, replacement of an existing segment of the gasline immediately north of Brandt Ridge Drive resulted in an additional 125 linear feet (If) of impact to a perennial stream (Stream 7a), and authorization was issued on October 21, 2013. That work has also been completed, and the temporarily- affected areas restored. 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 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary (T) W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: SEE TABLE 1 IN COVER LETTER 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: NO STREAM IMPACTS WILL OCCUR Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: NO OPEN WATER IMAPCTS WILL OCCUR. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond FloodedJE Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse F-1 Tar-Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? 131 ❑P ❑T F-1 Yes ❑ No B2 ❑P ❑T F-1 Yes ❑ No B3 ❑ PEI T F-1 Yes ❑ No 6h. Total buffer impacts 6i. Comments: SEE TABLE IN ATTACHED COVER LETTER (NCDWR ONLY) Page 6 of 12 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Construction equipment operating within the buffers will be limited to that necessary for pipe tie -in 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, except as needed for safety. 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 wher practicable. 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 impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ® DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ® Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: N/A 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non - riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ® Yes ❑ No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Permanent Maintenance 599 3 (2 for Catawba) 1797 Corridor 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 request 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? 1b. 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 impervious 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 impervious 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 ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 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 replace 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? F-1 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 May 28, 2014 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.floridamarine.org/efh_coral/ims/viewer.htm 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 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 Wagoner House (GF1873), located on Highway 61, approximately 1,500 feet north of the project site. There were no other properties currently listed or determined eligible for listing 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. 20140611 Applicant /Agent's Printed Name Date Applicant /Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 1 1 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 C Charlotte, NC 28210 704.731.4598 S &ME, Inc. Pine Charlotte, N.C. 28273 704.523.4726 Joey Lawler, P.W.S. Authorization: I i•� on behalf of (Contact �Signature) f Ic. IM l `4 I vl GJ 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. Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version APPENDIX 11 CURRENT SECTION 404/401 APPROVAL LETTERS f WNW North Carolina Department of Environment and Natural Resources Division of Water Resources ' Water Quality Regional Operations Pat McCrory Thomas A. Reeder John E. Skvarla, III l Governor Director Secretary -� November 8, 2013 i DWQ # 13 -0512 v2 Guilford /Alamance County Piedmont Natural Gas Attn: Jim Kalish 4720 Piedmont Row Dr. Charlotte, NC 28210 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 original approval dated September 5, 2013 and modification application dated October 3, 2013 and received by the Division of Water Resources -Water Quality Programs (Division) on October 3, 2013 and subsequent information on October 25, 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 anew 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. 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- 46301Customer Service: 1- 877- 623 -6748 Internet: www.ncwaterguality.org An Equal Opportunity I Affirmative Action Employer i PNG III DWQ# 13 -0512 Q 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) Brandt Ridge Drive 125 (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 Brandt Ridge Drive 2,585 square feet 4,582 square feet 1 PNG DWQ# 13 -0512 v2 401 /Buffer APPROVAL Page 3 of 5 i Buffers -Zone 2 - 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 Certification(s) /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: Compensatory Mitigation Buffer Basin / Sub -basin Otherthan Required perpendicular crossings Original approval - Jordan / Haw (Allowable Activity) 47,625 ( square feet) Streams 4, 5, 6, 7, 8, 12,404 square feet 0 square feet 9, 10, 13, 14, 15, 16, square feet 17, P1, 19, 20, 21, 22, 23, 24, 27, 28, 29, 34, 35, 36, 37, 38, 40, 41 Brandt Ridge Drive 1,059 square feet 1,562 square feet Buffers -Zone 2 - 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 Certification(s) /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 Compensatory Mitigation Buffer Basin / Sub -basin Required Buffer -Zone 1 Original approval - Jordan / Haw 47,625 ( square feet) Modification — 7,755 square feet 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 PNG DWQ# 13 -0512 v2 401 /Buffer APPROVAL Page 4 of 5 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. 6.. The Permittee shall ensure that at the Brandt Ridge Drive Relocation restoration of the stream and temporarily disturbed buffer shall be conducted immediately upon completion of 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. The area shall be monitored for stream ' stability quarterly for one year or two bankful events, whichever is longer and any i instability shall be reported to the Division's Winston Salem Regional Office immediately upon discovery. 1 i 7. 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. 8. 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 1506 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. PNG DWQ# 13 -0512 v2 401 /Buffer APPROVAL Page 5 of 5 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 j 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 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 Water Quality Regional Operations Division of Water Resources Enclosures: GC 3884 Certificate of Completion cc: Joey Lawler, S &ME (via email) Andy Williams, USAGE Raleigh Regulatory. Field Office (via email) Kelly Williams, NC EEP (via email) DWR -WQP WSRO 401 files DWR -WQP Webscape Unit U.S. ARMY CORPS OF ENGINEERS COPY 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 (entire project line) Nearest Town Greensboro Nearest Waterway Horsepen Creek River Basin Haw. North Carolina. USGS HUC 3030002 Coordinates Latitude: 36.14277 Longitude: - 79.85032 Location description: Existing PNG Right -of -Way located immediately, north of Brandt Ridge Drive, and south of the Atlantic and Yadkin Creenway near Greensboro, Guilford County, North Carolina. The site is identified as S7a on the survey mans and as part of the Greensboro Right of Way Reclamation Project. Description of projects area and activity; This is a re- verification (SAW- 2013 - 00618) for an additional 125 linear feet of temporary stream impacts for a stream crossing at an unnamed tributary to Horsepen Creek identified as S7a on the surveys. The approximate location of the stream crossing is: 36.14277, - 79.85032. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: 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 10/07/2013. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919 - 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 Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Craig Brown at 919 -554 -4884 x35 or Craig.J.Brown(ausace.army.mil. Corps Regulatory Official: Date: October 21, 2013 Expiration Date of Verification: 03/18/2017 SAW- 2013 -00618 Determination of Jurisdiction: A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis for Determination: The stream identified as S7a is a relatively permanent water (RPW) and an unnamed tributary to Horsepen Creek (also an RPW). Horsepen Creek flows into Reedy Fork (RPW) which flows into the Haw River. The Haw River is a tributary to the Cape Fear River, a navigable water of the United States. The Ordinary High Water Mark (OHMM) of the unnamed tributary was indicated by the following characteristics: clear natural line impressed on the bank, shelving, and the destruction of terrestrial vegetation. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A (Preliminary JD). * *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: (�=� Craig Brown Date of JD: Oct. 18, 2013 SAW- 2013 -00618 Expiration Date of JD: N/A Preliminary JD 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:// pert .nyT.usace.army.mil /survey.html . Copy furnished: Agent: S &ME, Inc. Joey Lawler Address: 9751 Southern Pine Blvd. Charlotte, NC 28273 Telephone Number: 704 -523 -4726 Applicant: James Atkins Address: Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte, NC 28210 Telephone Number: 704 - 731 -4047 NCDWR: Sue Homewood Address: North Carolina Department of Natural Resources Division of Water Resources 585 Wauzhtown Street Winston- Salem, NC 27107 U.S. ARMY CORPS OF ENGINEERS F F. WILMINGTON DISTRICT j Y� Action Id. SAW- 2013 -00618 County: Guilford U.S.G.S. Quad: NC- GIBSONVILLE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number Piedmont Natural Gas Jim Kalish 4720 Piedmont Row Drive Charlotte, NC, 28210 704 -572 -7985 Size (acres) 242 acres (entire line) Nearest Town McLeansville Nearest Waterway Blackwood Creek River Basin Haw. North Carolina. USGS HUC 3030002 Coordinates Latitude: 36.1166 Longitude: - 79.6310 Location description: Existing PNG Right-of-Way located immediately east and west of the Frieden Church Load Rock Ouarry Road intersect ion ,_nearMeLleansviIle, Guilford Countv, North Carolina. The site is identified as the Greensboro Right of Way Reclamation Project. Description of projects area and activity: This AFTER -THE -FACT authorization is for temporary and permanent impacts to jurisdictional streams and wetlands associated with the maintenance of an existing natural gas transmission line as follows: Crossin #1: Stream S22- 35 linear feet of temporary impacts and 15 linear feet of permanent iml2acts associated with the installation of a culvert for a permanent crossing. Crossing #2: Stream S23 -52 linear feet of temporary impacts and 27 linear feet of permanent impacts associated with the installation of a culvert for a permanent crossing. Crossing #3: Stream S24 -66 linear feet of permanent impacts associated with the replacement of a rip ran within a jurisdictional channel. Crossing 04: Wetland WA -0.12 acre of temporary impacts associated with maintenance of the existing ROW within herbaceous wetlands and 0.03 acre of permanent impacts associated with the maintenancc of the existing ROW within forested wetlands. Crossing #5: Wetland WB -0.29 acre of temporary impacts associated with maintenance of the existing ROW within herbaceous wetland s and 0.03 acre of permanent impacts associated with the maintenance of the existing ROW within forested wetlands. 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 RCP 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 or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919 - 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 Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Andrew Williams at 919 -554 -4884 x26 or Andrew.E.Williams2 a()usace.army.mil. Corps Regulatory Official: A� Date: 09/10/2013 Expiration Date of Verification: 03/18/2017 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 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: 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 Piedmont 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 Creels, 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 Ordinary High Water Marls (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 ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 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 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:// per2 .nwp.usace.army.mil /survey.htmI . Copy furnished: Sue Homewood North Carolina Department of Natural Resources 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 Project 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 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Piedmont Natural Gas Jim Kalish File Number: SAW - 2013 -00618 Date: 09/10/2013 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit. or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http: / /www.usace.army .mil /inet/functions /ew /cecwo /reg or Corps regulations at 33 CFR Part 331. _ A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or 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 approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. A E: 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: SECTION 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT 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 provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and /or the If you only have questions regarding the appeal process you may appeal process you in ay contact: 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 10M15 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 investi ation, and will have the opportunit to participate in all site investi ations. Date: Telephone number: Signature of appellant 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, Proffered 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 ,at Officer, CESAD -PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 5, 2013 - j DWQ # 13 -0512 Guilford /Alamance County Piedmont Natural Gas Attn: Jim Kalish 4720 Piedmont Row Dr. Charlotte, NC 28210 i 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 require6by (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 Certifications) /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 =%vateroualitv.or9 An Equal Opportunity 1 Affirmative Action 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, 131 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 1 j 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 Certification(s) /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.Divisi.on 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: i 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 i 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 1506 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 I i http: //www.ncoah.com/ or call the OAH clerk's office at (919) 431 -3000 for information. I 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 maybe 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; j Sincerely, 1 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 - APPENDIX III SITE PHOTOGRAPHS F S 191k Irk {Ake a +'- OIL IW ^ is Photo 1. View of Wetland 16 facing east from end of project Photo 2:View of Wetland 17 facing west from near Highway area. 61. ]' y .p� d . 1 I I� } �ygr 1 _ a- •tic. ,. I �.IQ �9Y1iP� i Photo 3: View of Stream 29 facing upstream at edge of Photo.4: View of Stream 29A facing upstream withii ROW. existing ROW. � 4 f Y ,p— X 1 t •, X . y 1 =R _ k Photo 5: View of typical soil pedon taken from Wetland 17. Photo 6: View of wooded portion of the project area adjacent to the existing maintained ROW. Project No.: 4335 -14 -133 Taken by: S &ME #S&ME Line 386 - Highway 61 Drill SITE Checked by: JBH Gibsonville, North Carolina PHOTOGRAPHS Date: 05.28.2014 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): 06.10.14 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 — LINE 386 — HWY 61 DRILL (SAW- 2013 - 00618) D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: THE REVIEW AREA IS LOCATED WITHIN PNG'S EXISTING ROW ON BOTH SIDES OF HIGHWAY 61 (36.115638 N,- 79.548901 W), GIBSONVILLE, 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): 36.115638,- 79.54890 Universal Transverse Mercator: 17N, NAD83 NC STATE PLANE Name of nearest waterbody: UT TO TRAVIS 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 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 2 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 "may be "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:GIBSONVILLE, 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): 2013 AERIAL PHOTOGRAPH. 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. 3 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified bV the Corps and should not be relied up later jurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) for See attached Agent Authorization Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) USACE Waters Upload Sheet Line 386 - Highway 61 Drill SME Project No. 4335 -14 -133 06.10.2014 Waters—Name Cowardin_ Code HGM Code — Area (acres) Linear (ft) Waters Types Latitude (dd nad83) Longitude (dd nad83) Local—Waterway W16 PEM /PFO DEPRESS 0.25 RPWWD 36.1154 - 79.5507 Stream 29 W17 PEM /PFO DEPRESS 0.25 RPWWD 36.1156 - 79.5496 Stream 29 S29 RIVERINE 200 RPW 36.1156 - 79.5498 UT to Travis Creek S29A RIVERINE 50 RPW 36.1155 - 79.5494 UT to Stream 29 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project /Site: PNG Line 61 HDD City/County: Guilford Sampling Date: 28- May -14 Applicant /Owner: Piedmont Natural Gas State: NC Sampling Point. WA Investigator(s): 3. Lawler Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): flat Slope: 0.1% / 0.0 ° Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.11543 Long.: - 79.549685 Datum: Soil Map Unit Name: Chewacla NWI classification: Are climatic/ hydrologic conditions on the site typical for this time of year? Yes * No 0 (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes 0 No ❑ Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes 0 No 0 Hydric Soil Present? Yes O No 0 Is the Sampled Area Yes ❑ NO ❑ Wetland Hydrology Present? Yes NO within a Wetland? Remarks: Area is a wetland Hydrology Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one required; check all that apply) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ True Aquatic Plants (B14) ❑ Sparsely Vegetated Concave Surface (B8) d❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl) ❑ Drainage Patterns (B10) ❑ Saturation (A3) E*/1 Oxidized Rhizospheres along Living Roots (0) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Crayfish Burrows (C8) ❑ Drift deposits (B3) ❑ Thin Muck Surface (C7) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Other (Explain in Remarks) ❑ Stunted or Stressed Plants (Dl) ❑ Iron Deposits (B5) W1 Geomorphic Position (D2) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Shallow Aquitard (D3) Water- Stained Leaves (B9) ❑ Microtopographic Relief (D4) ❑ Aquatic Fauna (B13) d] FAC- neutral Test (D5) Field Observations: Surface Water Present? Yes ❑ NO 0 Depth (inches): 0 Water Table Present? Yes 0 No 0 Depth (inches): 10 Yes * NO 0 Saturation Present? Yes 0 No Wetland Hydrology Present? Depth (inches): 12 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Area appears peridoically ponded US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five /Four Strata)- Use scientific names of plants. Dominant C . __;­� Sampling Point: WA Remarks: (Include photo numbers here or on a separate sheet.) Taken at ROW - woodland interface *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Absolute Rel.Strat. Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Cover Status Number of Dominant Species 1 • Acer rubrum 35 33.3% FAC That are OBL, FACW, or FAC: 9 (A) 2. Acer neaundo 20❑ 19.0% FAC Total Number of Dominant 3. Liriodendron tulipifera 20❑ 19.0% FACU Species Across All Strata: 11 (B) 4. Quercus phellos 15 ❑ 14.3% FAC 5. Liquidambar styraciflua 15 ❑ 14.3% FAC Percent of dominant Species ❑ °ro That Are OBL, FACW, or FAC: 81.8% (A/B) 6. o o.o 7 0 ❑ 0.0% Prevalence Index worksheet: g 0 ❑ 0.0% :Total % Cover of: Multiply by: 105 = Total Cover OBL species 10 x 1 = 10 Sapling - Sapling /Shrub Stratum (Plot size: 30' ) 10 0 FAC FACW species 70 x 2 = 140 1. Liguidambar styraciflua 50.0% 2. Carpinus caroliniana 10 d❑ 50.0% FAC FAC species 135 x 3 = 405_ 3 0 ❑ 0.0% FACU species 40 x 4 = 160 - 4 0 ❑ 0.0% - - UPL species 0 x 5= 0 5 0 ❑ 0.0% Column Totals: 255 (A) - 715 (B) 6 0 ❑ 0.0% ! Prevalence Index = B/A = 2.804 7. 0 ❑ 0.0% ❑ 0.0% Hydrophytic Vegetation Indicators: 8 0 ❑ Rapid Test for Hydrophytic Vegetation 9 0 ❑ 0.0% 0 Dominance Test is > 500/6 10. 0 ❑ 0.0% 0 Prevalence Index is :53.0 1 Shrub Stratum (Plot size: 30' ) 20 = Total Cover ❑ Morphological Adaptations 1 (Provide supporting 1. Sambucus nigra ssp. canadensis 10❑ 33.3% FAC data in Remarks or on a separate sheet) 2. Fraxinus caroliniana 10 ❑ 33.3% OBL ❑ Problematic Hydrophytic Vegetation 1 (Explain) 3. Elaeaanus angustifolia 10 33.3% FACU 1 Indicators of hydric soil and wetland hydrology must 4. 0 ❑ 0.0% be present, unless disturbed or problematic. 5, o ❑ 0.0% _ Definition of Vegetation Strata: 6. 0 ❑ o.o% Four Vegetation Strata: 7 0 ❑ 0.0% - Tree stratum - Consists of woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), Herb Stratum (Plot size: 3' ) 30 = Total Cover regardless of height. ❑d Sapling /shrub stratum - Consists of woody plants, excluding 1 , Juncus effuses 40 50.0% FACW vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. 2. Scirpus cyperinus 20 25.0% FACW Herb stratum - Consists of all herbaceous (non- woody) plants, 3. Lolium perenne 10 ❑ 12.5% FACU regardless of size, and all other plants less than 3.28 ft tall. 4. Solidago sempervirens 10 ❑ 12.5% FACW Woody vines - Consists of all woody vines greater than 3.28 ft El °° in height. 5. o o.o 6 0 ❑ 0.0% _ Five Vegetation Strata: 7. 0 ❑ 0.0 % ❑ Tree -Woody plants, excluding woody vines, approximately 20 $ 0 0.0% ft (6 m) or more in height and 3 in. (7.6 cm) or larger in 9. 0 ❑ 0.0% diameter at breast height (DBH). ❑ Sapling stratum - Consists of woody plants, excluding woody 1 0 0.0% vines, approximately 20 ft (6 m) or more in height and less 11. 0 ❑ 0.0% _ than 3 in. (7.6 cm) DBH. 12. 0 ❑ 0.0% Shrub stratum - Consists of woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Woody Vine Stratum (Plot size: 3' ) 80 =Total Cover Herb stratum - Consists of all herbaceous (non- woody) plants, 1 Toxicodendron radicans 20 100.0% FAC including herbaceous vines, regardless of size, and woody • - species, except woody vines, less than approximately 3 ft (1 2. 0 ❑ 0.0% m) in height. 3. 0 ❑ 0.0% Woody vines - Consists of all woody vines, regardless of 4. 0 ❑ 0.0% height. 5. 0 ❑ 0.0% _ 0 ❑ 0.0% i Hydrophytic 6. Vegetation - _ 20 = Total Cover Present? Yes No Remarks: (Include photo numbers here or on a separate sheet.) Taken at ROW - woodland interface *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Soil Sampling Point: WA Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color moist %_ _ Color (moist) _ %_ Type 1 Locz Texture Remarks 0 -9 10YR 3/1 95% 10YR 6/8 5% C PL Coarse Sandy Loam 9 -16 10YR 4/2 100% Clay (Loam 1 Type: C= Concentration. D= Depletion. RM= Reduced Matrix, CS= Covered or Coated Sand Grains 'Location: PL =Pore Lining. M= Matrix Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: ❑ Histosol (Al) ❑ Dark Surface (S7) ❑ 2 cm Muck (A10) (MLRA 147) ❑ Histic Epipedon (A2) ❑ Polyvalue Below Surface (S8) (MLRA 147,148) El Black Histic (A3) El Thin Dark Surface (S9) (MLRA 147, 148) El coast Prairie Redox (A16) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) (MLRA 147,148) ❑ Piedmont Floodplain Soils (1`19) ❑ Stratified Layers (A5) ❑ Depleted Matrix (F3) (MLRA 136, 147) ❑ 2 cm Muck (A10) (LRR N) ❑d Redox Dark Surface (F6) ❑ Very Shallow Dark Surface (TF12) ❑ Depleted Below Dark Surface (All) ❑ Depleted Dark Surface (F7) ❑ Other (Explain in Remarks) ❑ Thick Dark Surface (Al2) ❑ Redox Depressions (F8) ❑ Sandy Muck Mineral (Sl) (LRR N, ❑ Iron- Manganese Masses (1`12) (LRR N, MLRA 147, 148) MLRA 136) ❑ Sandy Gleyed Matrix (S4) ❑ Umbric Surface (F13) (MLRA 136, 122) ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (F19) (MLRA 148) 3 Indicators of vegetation and ❑ Stripped Matrix (S6) ❑ Red Parent Material (F21) (MLRA 127, 147) wetland hydrology must be present, hydrology must unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes * No 0 Remarks: Soil is hydric US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project /Site: PNG Line 61 HDD City/County: Guilford Sampling Date: 28- May -14 Applicant /Owner: Piedmont Natural Gas State: NC Sampling Point. WA - UP Investigator(s): ]. Lawler Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Flat Local relief (concave, convex, none): flat Slope: 0.2% / 0.1 ° Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.115578 Long.: - 79.549867 Datum: Soil Map Unit Name: Enon NWI classification: Are climatic/ hydrologic conditions on the site typical for this time of year? Yes * No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes 0 No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes 0 No O Hydric Soil Present? Yes O No O Is the Sampled Area Wetland Hydrology Present? Yes O NO within a Wetland? Yes O NO U Remarks: Taken in scrub area adjacent to ROW Hydrology Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one required; check all that apply) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ True Aquatic Plants (B14) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Crayfish Burrows (C8) ❑ Drift deposits (B3) ❑ Thin Muck Surface (C7) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Other (Explain in Remarks) ❑ Stunted or Stressed Plants (Dl) ❑ Iron Deposits (B5) ❑ Geomorphic Position (D2) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Shallow Aquitard (D3) ❑ Water- Stained Leaves (B9) ❑ Microtopographic Relief (D4) ❑ Aquatic Fauna (B13) ❑ FAC- neutral Test (D5) Field Observations: Surface Water Present? Yes O NO 0 Depth (inches): 0 Water Table Present? Yes O No 0 Depth (inches): 24 Yes O NO Saturation Present? Yes O No Wetland Hydrology Present? Depth (inches): 24 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Area does not display wetland hydrology US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five /Four Strata)- Use scientific names of plants. Dominant C . __;­� Sampling Point: WA-UP Remarks: (Include photo numbers here or on a separate sheet.) Arae was logged or mowed sveral years ago *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Absolute Rel.Strat. Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Cover Status Number of Dominant Species 1 • Juniyerus virginiana 20 40.0% FACU That are OBL, FACW, or FAC: 7 (A) 2. Acer negundo 15 0 30.0% FAC Total Number of Dominant 3. Liquidambar styraciflua 15❑ 30.0% FAC Species Across All Strata: 12 (B) 4. 0 ❑ 0.0% 5 0 ❑ 0.0% Percent of dominant Species ❑ °% o That Are OBL, FACW, or FAC: 58.3% (A/B) 6. o o.o o 7 0 ❑ 0.0% Prevalence Index worksheet: g 0 ❑ 0.0% :Total % Cover of: Multiply by: 50 = Total Cover OBL species 0 x 1 = 0 Sapling - Sapling /Shrub Stratum (Plot size: 30' ) 20 0 66.7% FAC FACW species 10 x 2 = 20 1. Ligusticum canadense 2. Diospyros virginiana 10 d❑ 33.3% FAC FAC species 110 x 3 = 330_ 3 0 ❑ 0.0% FACU species 45 x 4 = 180 4 0 ❑ 0.0% - - UPL species 25 x 5 = 125 5 0 ❑ 0.0% Column Totals: 190 (A) 655 (B) 6. 0 ❑ 0.0% ! Prevalence Index = B/A = 3.447 7. 0 ❑ 0.0% ❑ 0.0% Hydrophytic Vegetation Indicators: 8 0 ❑ Rapid Test for Hydrophytic Vegetation 9 0 ❑ 0.0% Dominance Test is > 500/6 10. 0 ❑ 0.0 °i° ❑ Prevalence Index is :53.0 1 Shrub Stratum (Plot size: 30' ) 30 = Total Cover ❑ Morphological Adaptations 1 (Provide supporting 1. Elaeagnus anciustifolia 15 ❑ 50.0% FACU data in Remarks or on a separate sheet) 2. Rubus phoenicolasius 15 ❑ 50.0% UPL ❑ Problematic Hydrophytic Vegetation 1 (Explain) 3. 0 ❑ 0.0% 1 Indicators of hydric soil and wetland hydrology must 4. 0 ❑ 0.0% be present, unless disturbed or problematic. 5. 0 ❑ 0.0% Definition of Vegetation Strata: 6. 0 ❑ o.o% _ Four Vegetation Strata: 7 0 ❑ 0.0% - Tree stratum - Consists of woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), Herb Stratum (Plot size: 3' ) 30 = Total Cover regardless of height. W Sapling /shrub stratum - Consists of woody plants, excluding 1 , Solidago sempervirens 10 33.3% FACW vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. 2. Festuca ovina var. capillata 10 0 33.3% UPL Herb stratum - Consists of all herbaceous (non- woody) plants, 3. EUpatorium capillifolium 10❑ 33.3% FACU regardless of size, and all other plants less than 3.28 ft tall. 4 0 ❑ 0.0% Woody vines - Consists of all woody vines greater than 3.28 ft - El _ in height. 5. 0 o.o% 6 0 ❑ 0.0% - Five Vegetation Strata: 7. 0 ❑ 0.0 % ❑ Tree -Woody plants, excluding woody vines, approximately 20 $ 0 0.0% ft (6 m) or more in height and 3 in. (7.6 cm) or larger in 9. 0 ❑ 0.0% diameter at breast height (DBH). ❑ Sapling stratum - Consists of woody plants, excluding woody 1 0 0.0% vines, approximately 20 ft (6 m) or more in height and less 11. 0 ❑ 0.0% _ than 3 in. (7.6 cm) DBH. 12. 0 ❑ 0.0% Shrub stratum - Consists of woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Woody Vine Stratum (Plot size: 3' ) 30 =Total Cover Herb stratum - Consists of all herbaceous (non- woody) plants, 1 Toxicodendron radicans 25 50.0% FAC including herbaceous vines, regardless of size, and woody • - species, except woody vines, less than approximately 3 ft (1 2. Lonicera iaponica 25 d❑ 50.0% FAC m) in height. 3. 0 ❑ 0.0% Woody vines - Consists of all woody vines, regardless of 4. 0 ❑ 0.0% height. 5. 0 ❑ o.o% _ 0 ❑ 0.0% - Hydrophytic 6. Vegetation - _ 50 = Total Cover Present? Yes No ` -' Remarks: (Include photo numbers here or on a separate sheet.) Arae was logged or mowed sveral years ago *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Soil Sampling Point: WA-UP Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) _ Color (moist) % Color (moist) % Tvpe 1 Locz Texture 0 -4 10YR 4/3 100% Fine Sandy Loam 4 -16 10YR 5/3 Fine Sandy Loam 1 Type: C= Concentration. D= Depletion. RM= Reduced Matrix, CS= Covered or Coated Sand Grains Hydric Soil Indicators: 'Location: PL =Pore Lining. M= Matrix ❑ Histosol (Al) ❑ Dark Surface (S7) ❑ Histic Epipedon (A2) ❑ Polyvalue Below Surface (S8) (MLRA 147,148) ❑ Black Histic (A3) ❑ Thin Dark Surface (S9) (MLRA 147, 148) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) ❑ Stratified Layers (AS) ❑ Depleted Matrix (F3) ❑ 2 cm Muck (A10) (LRR N) ❑ Redox Dark Surface (F6) ❑ Depleted Below Dark Surface (All) ❑ Depleted Dark Surface (F7) ❑ Thick Dark Surface (Al2) ❑ Redox Depressions (F8) ❑ Sandy Muck Mineral (Sl) (LRR N, ❑ Iron- Manganese Masses (1`12) (LRR N, MLRA 147, 148) MLRA 136) ❑ Sandy Gleyed Matrix (S4) ❑ Umbric Surface (F13) (MLRA 136, 122) ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (F19) (MLRA 148) ❑ Stripped Matrix (S6) ❑ Red Parent Material (F21) (MLRA 127, 147) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Soil is not hydric Remarks Indicators for Problematic Hydric Soils3: ❑ 2 cm Muck (A10) (MLRA 147) ❑ Coast Prairie Redox (A16) (MLRA 147,148) ❑ Piedmont Floodplain Soils (1`19) (MLRA 136, 147) ❑ Very Shallow Dark Surface (TF12) ❑ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes ❑ No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 APPENDIX V JURISDITIONAL BOUNDARY DRAWING VICINITY MAP (NOT TO SCALE) LINE TABLE LINE TABLE LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH LINE BEARING LENGTH LINE BEARING LENGTH L1 N34'49'55 "E 2.29' L12 N60'28'31 "W 12.68' L23 S77'02'04 "W 19.68' L34 S78'20'32 "W 102.47' L2 N68'23'37 "E 35.07' L13 N51'08.01 "W 15.27' L24 539'31'20 "W 2.88' L35 S80'42'03 "W 26.02' L3 N62'38'09 "E 28,04' L14 N40'03'48 "E 16.38' L25 S80'42'03 "W 131.79' L36 S80'42'03 "W 86,94' L4 N87'37'37`E 31.57' L15 NBO'42'03 "E 102.52' L26 N43'23'39 "E 11.32' L37 S80'42'03 "W 23.40' L5 N1 4'30'26 "E 15.88' L16 N1 6'02'35 "E 12.19' L27 N75'53'16 "E 22.13' L38 S78'20'32 "W 16.24' L6 N81'32'18 "E 47.48' L17 S76'07'20 "E 20.01' L28 N43'01'52 "E 9.38' L39 577'02'04 "W 8.71' L7 N80'42'03 "E 34.31' L18 S1 6'02'35 "W 3.48' L29 N01'41'51 "E 16.52' L40 S46'45'35 "W 46.53' L8 S24'55'34 "E 29.18' L19 N80'42'03 "E 45.21' L30 N78'20'32 "E 46.74' L41 S06'46'54 "E 107.50' L9 S1 633'55 "E 1.92' L20 S40'08'32 "E 10.07' L31 N78'20'32 "E 15.93' i f� % A' L10 S80'42'03 "W 42.64' L21 S43'33'20 "E 6.00' L32 S28'27'58 "E 15.56' L11 581'32'18 "W 147.55' L22 N43'1T45`E 21.65' L33 562'19'34 "E 23.83' i Pr's Y PGGF' y1 y� QOM f� 'V M / A .� . < <i 1 1 i� i i 2C; i t i i 0 PERMANENT IMPACT AREA 578 SF 0.013 AC IMPACT AREA DATE: 6 3 JOB N0. 1227.30 7. do 00. / 1 SCALE: 1" = 40' 40 20 D 40 IR# 0230183 SHEET 1 OF i PARCEL NO. 0104863 i z JOHN B. WAGONER HELEN B. WAGONER «,O ° L117 .'.',`.'.".'.`.`.'.j DB 3715, PG 380 z ., . N 30'AREIN / WETLANDS "16B ""- A�''�" ` SES �'yL15.` _ !• i Pr's Y PGGF' y1 y� QOM f� 'V M / A .� . < <i 1 1 i� i i 2C; i t i i 0 PERMANENT IMPACT AREA 578 SF 0.013 AC IMPACT AREA DATE: 6 3 JOB N0. 1227.30 7. do 00. / 1 SCALE: 1" = 40' 40 20 D 40 IR# 0230183 SHEET 1 OF i EX. 50' 454 PG 5 62 Dg 750 PG ti` I • 1 1 00 1 1 n. 1 1 4� N 1 ✓ 1 � •WETLANDS 16A 1 BUFF .w_j_ - . ry• _' ,. are*G *rys ,t . 04. ~,.i ?�S' v I(:`. ''\\ ___ t:36 -_- .','G .'•c ►''G.wlwo ,' y '•y a „n "� o<+, L23 • iA.l.L35 WETLANDS• "17 ": ,,..h EX. 50' GPG 57MT. I. .�...L6. �r.� L +7.i :�' PROPOSED U.'G'G�t. �u +�'��L25/ `.iy�l, .'.`'.r'•'•` ��'F[�' .�" f �. •. ., f / DB 1445 Js•e- STOPPLE CF \e. .•. , t .+ k ��• .. �' •'♦ ti f - -" - -- - _ L4 T L'.'.'. �_GM�G.- �Sr� -�� 70 BE REMOVE[) .y`/�vry•'��- _1,_ = =� J .9 .. . . . . . . . G /yam_ ,__ r O • f .. "�'_ - ♦ J JI s ' L �� t- �,ts_._•.�_•_�:,. . .r•' • • DUKE POWER Go 11 I- ---- --- --- --ti TOWER tiry PARCEL NO. 0104828 m tiry DUKE POWER CO. DB 854, PG. 116 FOUND ANGLEIRON N: 861,321.62 E: 1,837,626.50 WETLANDS IMPACT TEMPORARY IMPACT AREA 11,526 SF 0.265 AC PERMANENT IMPACT AREA 578 SF 0.013 AC STREAM BUFFER IMPACT GENERAL NOTES 1 WIDTH WITIiM THE JURISDICTIONAL BOUNDARIES, IN UNLESS OTHERWISE NOTED. 2. PIPE INSTALLATION THROUGH JURISDICTION BOUNDARY BY HOD. 3. JURISDICTIONAL BOUNDARIES DELINEATED BY S &ME ON 5/26/2014. ZONE 1 ZONE 2 PERMANENT 599 SF 298 SF IMPACT AREA DATE: 6 3 WETLAND 16A IMPACT AREA = 3,832 S.F. WETLAND 16B IMPACT AREA = 5,200 S.F. WETLAND 17 IMPACT AREA = 2,494 S.F. I TEMPORARY LEGEND IMPACT AREA -� �C�G�� PROPOSED GAS LINE PERMANENT -c -c- EX. GAS LINE IMPACT AREA EX. GAS LINE TO BE REMOVED =0- gam EX. GAS LINE TO BE GROUTED �• •WETLANDS '- �YY�'�'�'YY-m TREE LINE 'ANGLE IRON FOUND - Z1 - Zt ® ZONE 1 BUFFER 8 PINCH TOP FOUND 'Z2 -Z2 - ZONE 2 BUFFER GM GAS MARKER GENERAL NOTES 1 WIDTH WITIiM THE JURISDICTIONAL BOUNDARIES, IN UNLESS OTHERWISE NOTED. 2. PIPE INSTALLATION THROUGH JURISDICTION BOUNDARY BY HOD. 3. JURISDICTIONAL BOUNDARIES DELINEATED BY S &ME ON 5/26/2014. `\*tl(IIIIU11ry��/ JOB, ��p / ,��� MADEEUNDERRMY S PERVISION A D THAT �� .. ��� THE JURISDICTIONAL BOUNDARIES SHOWN Hy '�y HEREON ARE FROM DIRECT FIELD DATA Q <'•, = COLLECTED 5/28/14. _ SEAL ': = _ L -4649 : _ _ yw y '�q q�'' z DAVID A. CLARK, PLS L -4'4 SURN y �.� i� -S/� .... Q- �� /'''�III,AII',110 Surveyors, Regional LaIId lnc. 8642 WEST MARKET STREET, SUITE 100 GREENSBORO, NORTH CAROLINA 27409 NC FIRM LICENSE NO. C -1362 Piedmont [6111 Natural G a s DRAWN BY: RC REVISIONS JURISDICTIONAL BOUNDARYS OF LINE 386 - HIGHWAY 61 DRILL REPLACEMENT GUILFORD COUNTY, NORTH CAROLINA DATE: 6 3 JOB N0. 1227.30 7. SCALE: 1" = 40' 40 20 D 40 IR# 0230183 SHEET 1 OF i APPENDIX VI RESTORATION PLAN RESTORATION PLAN LINE 386 — HIGHWAY 61 Drill Gibsonville, 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 wetland areas. 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 wetland areas 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 in 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 tie -in 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 wetlands and portions of the riparian buffer, the native riparian seed mix specified in Table 1, or a similar, native substitute, shall be utilized. Table 1: Riparian Seed Mix* Species Common Name Percentage of Mix EI mus vir inicus Virginia wild rye 15 Panicum vir atum Switch grass 15 Agrostis stolinifera Creeping bent grass 10 Rudbeckia hirta, NC ecotype Black-eyed Susan 10 Coreopsis lanceolata Lance leaf tickseed 10 Panicum clandestinum Deer tongue 10 Andropo on gerardii Big bluestem 05 Juncus effusus Soft rush 05 Echinochloa muricata Awned barnyard grass 05 Schizach rium scoparium Little bluestem 05 Sor hastrum nutans Indian grass 05 Tripsacum 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 lbs. per acre Restoration Plan S &ME Project No. 4335 -14 -133 Line 386 — Highway 61 Drill June 10, 2014 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 Species Common Season Mix Notes: Festuca 3 -5 Ibs /acre; Weak competitor; does not brevipila Hard fescue Fall, Winter 20% interfere with native grasses. 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, perenne Summer then dies out. Foxtail or Spring, Good germination; dies off with Setaria 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. Statement of Compliance with Session Law 2009 -337 An Act to Promote the Use of Compensatory Mitigation Banks and SL 2011 -343. (link to SL 2009 -337) (link to SL 2011 -343) Prior to accessing the Ecosystem Enhancement Program (EEP) In -Lieu Fee Mitigation Program, all applicants requesting wetlands, stream and/or riparian buffer mitigation are now required by law to comply with Session Law 2009 -337 An Act to Promote the Use of Compensatory Mitigation Banks as well as Session Law 2011 -343, which made changes to the operation of the NCEEP. All new requests submitted on or after June 27, 2011 MUST include this form signed and dated by the permit applicant or an authorized agent. Please refer to DENR's Implementation Policy for more detailed guidance. Compliance Statement: I have read and understand SL- 2009 -337 and SL- 2011 -343 and have, to the best of my knowledge, complied with their requirements. I understand that participation in the NCEEP is voluntary. Please check all that apply: Applicant is a Federal or State Government Entity or a unit of local government meeting the requirements set forth in G.S. 143 - 214.11 (as amended by SL 2011- 343) and is not required to purchase credits from a mitigation bank. X There are no known mitigation banks with the requested credit type located in the hydrologic unit where this impact will take place (link to DWQ list) (see "approved mitigation bank" link under "Options for compensatory mitigation" heading) I have contacted the mitigation bank(s) in the hydrologic unit where the impacts will occur and credits are not available. The DWQ or the Corps of Engineers did not approve of the use of a mitigation bank for the required compensatory mitigation for this project. Note: It is the applicant's responsibility to document any inquiries made to private mitigation banks regarding credit availability. I have read and understand EEP's refund policies (attached) initial here (,Z, --- Signature bWplicant or Agent 06.09.14 Date Line 386 - Highway 61 Drill Replacement Project Name Joey Lawler Printed Name Gibsonville, N.C. Location NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN -LIEU FEE REQUEST FORM Revised 8/11/2011 Print this form, fill in requested information, sin and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699- 1652, fax to 919 - 715 -2219, or email to kelly.williams(a)ncdenr.gov. Attachments are acceptable for clarification purposes (location map or lat long is required). Review meetings are held on Tuesday afternoons. Information submitted is subject to NC Public Records Law and may be requested by third parties. CONTACT INFORMATION APPLICANT'S AGENT (optional) APPLICANT 1. Business or Individual Name S &ME, Inc. Piedmont Natural Gas 2. Street Address or P O Box 9751 Southern Pine Boulevard 4720 Piedmont Row Drive 3. City, State, Zip Charlotte, N.C. 28273 Charlotte, N.C. 28210 4. Contact Person Joey Lawler, P.W.S. Jim Kalish, P.E. 5. Telephone Number 704.523.4726 704.731.4598 6. Fax Number 704.525.3953 - 7. E -mail Address (optional) ilawlert�smeinc.com iim.kalisht�giedmontng.com 15. Non - Riparian Wetland Impact (ac.) 0 16. Coastal Marsh Impact (ac.) PROJECT INFORMATION 8. Project Name 9. Project Location (nearest town, city) See Attached Map *'ATTACH MAP SHOWING IMPACT LOCATION ** 10. Lat -Long Coordinates (optional) 11. Project County Guilford 12. River basin & Cataloging Unit (8- digit) 03030002 — Haw (Cape Fear) (see Note 1) 13. Project Type "specify owner type and Government X Private write in project type (e.g. school, church, retail, residential SD, apartments, road, utilities, military, etc.)" 14. Riparian Wetland Impact (ac.) (e.g., 0.13) 0 15. Non - Riparian Wetland Impact (ac.) 0 16. Coastal Marsh Impact (ac.) 0 17. Stream Impact (ft.) (e.g. 1,234) Warm Cool Cold 0 0 0 18. Riparian Buffer Impact (sq. ft.) Zone 1: 599 Zone 2: N/A (where applicable) 19. Regulatory Agency Staff Contacts USACE: Andy Williams DWQ: Sue Homewood Indicate names, if known 20. Other Regulatory ID Information (e.g., USACE Action ID, if known IMPORTANT Check (�) below if this request is a: revision to a current acceptance, or extension of unexpired acceptance re- submission of an expired acceptance By signing below, the applicant is confirming they have read and understand EEP's refund policy posted at nceep.net Signature of Applicant or Authorized Agent: Date: 05.' 4 Note 1: For help in determining the Cataloging Unit, visit:www.nceep.net or contact EEP Direct questions to Kelly Williams at 919 - 716 -1921 or kelly.williams(cDncdenr.gov or to EEP's front desk at 919 - 715 -0476.