HomeMy WebLinkAbout20110877 Ver 3_401 Application_20140714LETTER OF TRANSMITTAL
SBME, Inc.
9751 Southern Pine Blvd.
Charlotte, NC 28273
704.523.4726
704.525 -3953 fax Sent VIA UPS
To: NC Division of Water Resources
401 and Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
Date: July 11, 2014
Job No. 1357 -11 -008 Ph 01
PNG Wilson Line 40A
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
2
7/10/14
1
Revision to Existing NWP No. 12 /WQC No. 3884 Authorizations
1
7/8/14
2
Check for $240 4023450) to NIC Division of Water Quality
These Are Transmitted As Checked Below: MbT•E W MA
❑ For approval ® For your use M17" A-tJ D 5�+E
❑ As requested ® For Review�'�
❑ For Bids Due: _/ /_ ❑ Prints Returned After Loan To Us �bZ�
Remarks: Attached is the Revision and the check for your use. If you have any
questions, please contact Joey Lawler.
Signed:
Lawler, P.W.S. Project Manager
2c�R0W11 of
JUL 1 4 204
NR - WA OUALIT-
ORE& i SEomwai�ir err • --
aol l'o& :7- :�- V,3
PAID
July 10, 2014
N.C. Division of Water Resources
401 and Buffer Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Attention: Ms. Karen Higgins
Reference: Revision to Existing NWP No. 12/WQC No. 3884 Authorization_- --
PNG Wilson Line 40A
Wilson County, North Carolina L�
SAW 2011 -02239 4 2614
DWR Project No. 11- 0877v2 JUL 1
S &ME Project No. 1357 -11 -008 Ph 01 n
QU
Dear Ms. Higgins:
On behalf of Piedmont Natural Gas (PNG), S &ME, Inc. (S &ME) hereby submits this
application for a revision to a previously- approved Nationwide Permit (NWP) and the
corresponding North Carolina Water Quality Certification (WQC) No. 3884 for the
project referenced above. The project will involve replacement of approximately 2.4
miles of natural gas pipeline in Wilson County, North Carolina, and will involve minimal
loss of waters of the U.S.
The project was originally authorized by the U.S. Army Corps of Engineers ( USACE) on
December 1, 2011 (SAW 2011 - 02239) and by the N.C. Division of Water Resources
(NCDWR) on November 22, 2011 (Project No. 11- 0877). The project was delayed due
to engineering changes, during which time the original permit authorizations expired.
The project was reauthorized and by the USACE on April 15, 2014, and by NCDWR on
March 11, 2014. Copies of these 2014 re- authorization letters are included in Appendix
I.
Prior to the project's anticipated construction date, it was determined that due to the age,
depth, and condition of the existing gas line, the use of heavy equipment above the
existing pipe may pose a safety risk to the personnel installing the new pipe. Gas being
transported through the existing line cannot be turned off until the new line is installed
and ready for service. In order to avoid working atop the existing "loaded" line, PNG
determined that additional temporary workspace would be needed to accommodate the
heavy equipment that will be installing the new line. Accordingly, the new workspace
will temporarily affect additional wetland area at two locations (Wetlands B and F).
Cumulatively, the work will temporarily affect an additional 0.431 acre of wetland (see
Table 1). The project revisions will also result in revisions to the Zone 1 and Zone 2
S &ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273 -5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com
Revision to Existing NWP- 12/WQC 3384 Authorization SWE Project No 1357 -11 -008 Ph 01
PNG Wilson Line 40A July 10, 2014
buffer impacts associated with one of the stream crossings (Stream 7), as indicated in
'gable 2.
No additional stream impacts or impacts to the other previously - permitted wetland,
stream and buffer locations along the route will occur.
In,support of this application, please find enclosed the following:
• Figures: Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2) and 2010
Aerial Photograph (Figure 3)
• Appendix I: 2014 Permit Re- authorization Letters
• Appendix II: Revised Jurisdictional Boundary Drawings (Sheet 3 of 8 and Sheet 8 of
8)
• Appendix III: Original Mitigation Credit Receipts
GENERAL PROJECT INFORMATION
The purpose of the project has not changed since its approval. PNG plans to replace
approximately 2.4 miles of aging 4 -inch natural gas line in Wilson County, N.C. and
construct a new meter station. The pipeline will originate at an existing meter station
located south of the intersection or Butterfield Lane and Martin Luther, King Parkway
(35.7100 °N, 77.8861 °W) and extend approximately 2.4 miles south and west to its
terminus at a PNG "city gate" station located west of Baldree Road (35.6952 °N,
77.9186 °W). The location of the project corridor is depicted on the Site Vicinity Map
(Figure 1), portions of the appropriate USGS Topographic Map (Figure 2), and an aerial
photograph dated 2010 (Figure 3).
Replacement of existing gas line involves excavation of the old 4 -inch line and
replacement with new line of the same diameter. During routing review for the planned
replacement, areas of encroachment by local municipalities were discovered, facilitating
the need to obtain new ROW (parallel to the existing ROW) and abandon those sections
where encroachment has occurred. PNG has routed the new gas line such that it parallels
or is installed within existing natural gas ROW within the project corridor.
In uplands, PNG plans to remove and replace the existing line within the existing 30 -foot
ROW. To minimize, disturbance to jurisdictional Waters of the U.S., PNG'plans to leave
abandoned pipeline in place in areas of encroachment. At bore locations, PNG also plans
to abandon the existing line in place and install a new line in an additional 10 -foot of
proposed ROW adjacent`to the existing 30 -foot ROW. Of the 40 -foot ROW in areas that
will be bored, only 30 feet will be permanently maintained. In areas where local
municipalities have encroached within PNG's existing easement, the old line will be
abandoned in place and anew 40 -foot ROW acquired. Of the 40 feet, only 30 feet will
be permanently maintained, while the remaining 10 feet will consist of temporary work
space (TWS). Wetland and stream crossings that will be installed via conventional
methods will be installed within the existing ROW and no additional permanent
conversion of vegetation will occur in these areas. Disturbance at wetland and stream
crossings will be limited to 40 feet in width (combined permanent and temporary ROW)
2
Revision to Existing NWP -12MQC 3384 Authorization SWE Project No 1357 -11 -008 Ph 01
PNG Wilson Line.40A July 10. 2014
during construction. As previously noted, however, and additional 10 feet of workspace
was considered necessary at two locations in order to safely install the new pipe without
heavy equipment operating over the loaded line.
Areas within wetlands that are disturbed will be, seeded with a customized wetland seed
mix. Areas outside of the permanently maintained ROW will be allowed to revegetate
naturally. Stream banks temporarily affected by trenching or placement of the equipment
bridge will be stabilized with a separate native seed mix specifically designed for riparian
areas, placement of coir matting, and installation of native woody plantings •(livestakes or
tubelings) where Neuse River buffer rules apply. Otherwise, stream banks will be matted
and seeded with the, riparian seed mix only. Previously forested portions of the Zone 1
protected riparian buffer used as TWS will also be replanted with native woody species.
REVISED PROJECT IMPACTS
The additional project impacts will occur as a result of equipment operating in the new
TWS. Work in these areas will include removal of aboveground vegetation, temporary
side - casting of material or placement of temporary crossings for the equipment access.
The project will result in conversion of forested wetlands to herbaceous wetlands, but
aside from construction of the meter station, will not result in,a loss of waters of the U.S.
As previously mentioned, temporarily- impacted wetlands, along with the TWS used
during construction, will be restored to their original grade and contour. Approximately
1,690 sf (0.039 acre) of scrub -shrub /emergent wetlands will be permanently impacted to
construct the meter station.
Wetland, stream, and riparian buffer impacts are identified in their respective tables
below.
Table 1: Wetland Impact Summary
Table 2: Riaarian Buffer Impact Summary
Buffer Impact ID
Pre_viousl f Approved
Currently Pro posed ac
Wetland Impact
Permanent
Temporary
Permanent
Temporary
ID
Impact ac
Impact ac
Impact ac
I pact ac
Site B
0 039
0 850
0 039
1 091
Site F
0
0 114
0 133
01,51
Table 2: Riaarian Buffer Impact Summary
Buffer Impact ID
Previous)
1 Approved
Currently Proposed
Permanent
I pact s
Temporary
Im acts
Permanent
Impact (s
Temporary
I pact s
Stream 7
Zone 1
7,321
7,532
4,846
7,569
Zone 2
7,533
9,914
10,937
11,511
Please note that during the engineer's review, it was determined that the Zone 1 buffer
impacts originally, calculated for the Stream 7 crossing were not correct. As such,
the correct impact calculation is Hess than that originally authorized, even taking
into account the additional workspace needed. Sheets 3 and 8, each depicting the
proposed revision and indicating the correct buffer impact amounts, are included
3
Revision to Existing ,1NWP- 12/WQC 3384 Authorization SWE Project No 1357 -11 -008 Ph 01
PNG Wilson Line 40A July 10, 2014
Appendix II, and can be substituted for the corresponding sheets in the original
submittal.
No additional impacts to the remaining wetland, streams or riparian buffer areas already
approved by the March 2014 ,permit authorization will occur. The TWS will be restored,
seeded and allowed to return to its pre - disturbance vegetative condition, and will not
result in conversion, as future mowing or maintenance will not occur in the TWS
following construction.
Typical stream and wetland crossings details were depicted in the original permit
application. Following construction, temporarily-disturbed wetlands within the
permanent ROW will be restored to an herbaceous state, while those within the TWS will
be restored and allowed to return to a forested condition. Affected stream banks will be
reconstructed to their pre - disturbance dimension and profile, and stabilized using coir
matting and vegetative plantings, without use of riprap or hard armoring.
MITIGATION
Wetland and buffer mitigation was satisfied in connection with the December 2011
original permit, and obtained from the N.C. Ecosystem Enhancement Program (Wetland
Conversion Mitigation) and Greene Environmental Services (buffer mitigation). Because
of the incorrect impact buffer calculation originally associated with Stream 7, PNG
purchased credit beyond that which was required. Accordingly, additional purchase of
buffer credits should not be required. Copies of the mitigation credit receipts are
included in Appendix III.
CLOSING
By copy of this correspondence and completed PCN, we are requesting your written
concurrence with this revision to the project's NWP No. 12/WCQ 3884 authorizations. If
you have questions.or need additional information, please feel free to contact us at
704.523.4726.
Sincerely,
S &ME
Crystal J. ox, C. E. Joey Lawler, P.W.S.
Project Scientist Project Manager
cfox e,smeinc.com jlawler o,smeinc.com
Senior Reviewed by,Chris Daves, P.W.S.
Attachments
U \OLD S Share\1 357\PROJECTS\201 1 \1 1-008 Ph 01 PNG Wilson Permit Renewal\2014Revision
4
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REFERENCE:
THE ABOVE INFORMATION WAS OBTAINED FROM THE ESRI STREETMAP USA DATASET. PLEASE NOTE THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO 0 1 2
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. IMlle$'a
SCALE. AS SHOWN FIGURE
SITE VICINITY NO,
DATE: 02.19.14 *S&ME PNG Line 40A
DRAWN BY DDH WIl50n County, North Carolina
�HECKEDBY: WWW.SMEINC.COM PROJECT NO:
JoL 1357 -11 -008 Ph 01
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APPENDIX II:
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� pie +•3or ti. SHEET 3 OF 8
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SEE REVSED , y —._• J ! o
DRAWING IN 1. �'' _t
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APPENDIX II: '^�' }7�•
J ` SHEET 8 of 8 �` :' • .. ; ��.
I Relatively Permanent Water (RPW), Seasonal
_..
♦ Tributary Jurisdictional Ditch (JDD), Seasonal
i23
• RPW, Year -round �� _
�. t1sQG
O Wetlands
Approximate Proposed Alignment''
REFERENCE: USGS 2001 WILSON INC] QUAD SHEET. PLEASE SEE JURISDICTIONAL -
BOUNDARY MAPS 1 -8 FOR ADDITIONAL MAPPING OF THESE FEATURES.,,
THE ABOVE INFORMATION WAS OBTAINED FROM THE USDA GEOSPATIAL DATA GATEWAY WEBSITE. PLEASE
NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY ,ro `,� �oo0 2.000 3,
00d1 M
OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S8ME, INC. ASSUMES NO RESPONSIBILITY - _
FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION.
Feet
SCALE AS SHOWN FIGURE
USGS TOPOGRAPHIC MAP NO.
DATE: 02.19 -14
PNG Line 40A
DRAWN BY: DDH /CJF #S&ME Wilson County, North Carolina
CHECKED BY: WWW.SMEINC.CiOM PROJECT NO:
JoL 1357 -11 -008 Ph 01
Appendix i. 2014
Permit Re-authorization Letters
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW- 2011 -02239
County. Wilson
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/ Authorized Agent Mara Sikora, P.E. Piedmont Natural Gas
Address 4720 Piedmont Row Drive
Charlotte, NC 27210
Telephone No 704 - 731 -4375
Size and location of property (water body, road name /number, town, etc.). The 2.4 mile linear project runs from an
existing meter station located south of the intersection of Butterfield Lane and Martin Luther King Parkway, and
extends approximately 2.4 miles south and west to its terminus at the PNG "city gate" station, located west of
Baldree Road, Wilson County, NC.
Description of projects area and activity This permit authorizes temporary impacts to 1.97 acres of wetland, and 204
linear feet of stream. 0.69 acres of wetland will be permanently converted from forested to emergent. 0.039 acres
of wetland are proposed to be permanently filled. SEE ATTACHED SPECIAL PERMIT CONDITIONS.
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Regional General Permit Number
Nationwide Permit Number 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans 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) 733 -1786) 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
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 Thomas Brown at telephone number 919- 554 -4884 extension 22
Corps Regulatory Official Date. April 15, 2014
Expiration Date of Verification: March 18,-2
Determination of Jurisdiction:
® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 33 1)
❑ 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
❑ 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
❑ The jurisdictional areas within the above described project area have been identified under a previous action Please reference
jurisdictional determination issued Action ID
Basis of Jurisdictional Determination
This iurisdictional determination is only for the waters /wetlands proposed for impacts associated with this Nationwide Permit
and does not include any other watershvetlands that may be located on the property.
Appeals information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 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-
District Engineer, Wilmington Regulatory Division
Ann Thomas Brown, Project Manager,
Raleigh Regulatory Field Office
U S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27537
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 District 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 January 30. 2011
* *It is not necessary to submit an rm to the Dis ffice if you do not object to the determination in this correspondence **
Corps Regulatory Official
Date April 15, 2014 Expiration Date April 15, 2019
Copy Furnished
Joey Lawler
S &ME, Inc
9751 Southern Pine Boulevard
Charlotte, NC 28723
WILMINGTON DISTRICT
POST - CONSTRUCTION COMPLIANCE FORM
Permit Number. SAW- 2141 1 -0239
Permit Type NW12
Name of County. Wilson
Name of Permittee Piedmont Natural Gas
Date of Issuance. April 15, 2014
Project Manager Thomas Btown
Upon completion of the actn ity authorized by this permit and any mitigation required by the permit. sign this
certification and return it to the following address
U S Armv Corps of Engineers
Attention CESAW -RG -R
3331 Heritage Trade Dr Suite 105
Wake Forest, NC 27591
Please note that ',Out- permitted acts\ itv is subject to a compliance inspection by an U S. Army Corps of
Engineers representative If N ou fail to comply with this permit you ate subject to permit suspension,
modification, or revocation
I hereby certify that the wort: authorized by the above referenced permit has been completed in accordance with
the terms and conditions of the said permit. and required mitigation was completed in accordance with the
permit conditions
Signature of Pennittee
Date
y-
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a °>"e AY��s..NFy� , � " '• ^f � r..: .fn A',, a'n'y J'a,� "- 'n',.t �$r
, �NOTIFICATIONOF ;.A�IVIINISTRATIUP�iPPEAI OPTIONS¢AND' °PROCESS;ANDs�
_ � .� ass;• >a:,.= d -. �` s;
tREQI1ES,T FORrAPPEAi =' , , • �
ar -',• '� I = rr•'"'
rs/��y -. ? � J 3 � i`,[r _ #i�_� ..k�ifY r — _ ��'i LL�_r � s��r' . — — Y °E h -- _rrt'�2X.�_•S 11�jVT x'��i k¢r __ it J _ '•:,�
Applicant Piedmont Natural Gas
File Number 2011-022339
Date April 15, 2014
Attached is
See Section below
NITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The' following identities your rights and options regarding an administrative appeal of the above,
decision. Additional information may be found at http.! /w•ww.usace.armymrl /Met /functions /cw /cecwo,rey, or
Corns'regulations at 33 CFR Part 331
A INITIAL PROFFERED PERMIT You may acceptor object to the permit
• ACCEPT It you received a Standard Pei in it you may sign the pet mit 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 Pei mt or acceptance of the LOP means that you accept the per in it in its entnety, and waive all rights to appeal the
permit including its terms and conditions, and approved Jurisdictional deteimurations associated with the permit
• OBJECT It 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 disti ict engineer withm 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 engmeer 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 objeWOns, 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 acceptor appeal the permit
• ACCEPT It you received a Standard Pei nit, 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 wort: is authorized Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entnety, and waive all rights to appeal the
permit including its terms and conditions, and approved jurisdictional determinations associated with the permit
• APPEAL if your choose to decline the proffered permit (Standard of 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 It 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 11 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 of appeal the approved JD or
provide new information
• ACCEPT You do not need to notify the Corps to accept an approved JD I- ailule to notify the Corps within 60 days of the date of
this notice means that you accept the approved iD in its entnetv 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 11 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
E PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps
tegarding the preliminary JD The Preliminary JD is not appealable If you wish, you may request an approved
ID (which may be appealed). by contacting the Corps district for further msti uction Also you may provide new
information for further consideration b-v the Corps to reevaluate the JD
SECTION II - 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 ptoffered permit in clear concise statements You may attach additional information to
this form to clarify where your reasons or obJectrons 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 Nerthei the appellant nor the Corps
may add new information or anal }ses to the record Howeyet, 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
If you only have questions regarding the appeal process you
and/or the appeal process you may contact
may also contact
Thomas Brown
Jason Steele
Raleigh Regulatory Field Office
Administrative Appeals Review Office,
919 -S��1 -488 I x22
60 Forsyth Street SW (Room 9M10)
Atlanta. GA 30303-8801
404- 563 -5137
RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel, and any
govermnent consultants, to conduct investigations of the project site during the course of the appeal process You
will be provided a 15 day notice ofany site investigation, and will have the opportunity to participate in all site
investigations
Date Telephone number
Signature of appellant or agent
Action ID: 2011 -02239
County: Wilson
SPECIAL PERMIT CONDITIONS
In order to compensate for impacts associated with this permit. mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatoiy Mtti,atlon
Responsibility Transfer Form The requirements of this form, including any special conditions listed on this
form. are hereby incorporated as special conditions of this permit authorization
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee. Piedmont Natural Gas Action ID SAW- 2011 -02239
Project Name. PNG Wilson Line 40A County: Wilson
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U S Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and /or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors
Instructions to Sponsor The Sponsor must verify that the mitigation requirements shown below are available at the
identified site By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee Once the form is signed, the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /In -Lieu Fee Program
Manager The Sponsor must also comply with all reporting requirements established in their authorizing instrument
Permitted Impacts and Compensatory Mitigation Requirements.
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin- 03020203, Neuse River Basin
Stream Impacts (linear feet)
Wetland Impacts
(acres)
Warm
Cool
Cold
Riparian
Riparian
Non - Riparian
Coastal
Riveri
Riveni
Non- rivenne
069
069
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor
Compensatory Mitigation Requirements 8 -digit HUC and Basin 03020203, Neuse River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian
Riparian
Non - Riparian
Coastal
Riveri
Non- riverine
069
Mitigation Site Debited NCEEP
(List the name of the bank to be debited For umbrella banks, also list the specific site
acceptance letter identifies a specific site, also list the specific site to be debited)
Section to be completed by the Mitigation Sponsor
For NCEEP, list NCEEP If the NCEEP
Statement of Mitigation Liability Acceptance I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements
Mitigation Sponsor Name.
Name of Sponsor's Authorized Representative
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 2 October, 2012
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit Issuance, however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit Issuance NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank /ILF Instrument It Is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) Is provided with a signed copy of this form
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina
Interagency Review Team (NCIRT) If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and Included in the USACE administrative records for both
the permit and the Bank /ILF Instrument
Comments /Additional Conditions:
Requiring Mitigation at a 1 1 Ratio
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below
USACE Project Manager: Thomas Brown
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email Thomas.L.Brown @usace.army.mil
April 15, 2014
USACE Project Man�eyStgn ure Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http / /ribits usace army mil
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http / /regulatory usacesurvey com/ to complete the survey online
4�
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
March 11, 2014
Piedmont Natural Gas
Attn: Roberto Cisneros
4720 Piedmont Row Drive
Charlotte, NC 28210
DWR # 11- 0877v2
Wilson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
PNG Wilson Line 40A
Dear Mr Cisneros:
You have our approval for the impacts listed below for the purpose described In your application dated
February 24, 2014 and received by the Division of Water Resources (Division) on February 25, 2014 These
impacts are covered by the attached Water Quality General Certification Number 3884 and the conditions
listed below This certification is associated with the use of 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 401 Certification and Buffer
Authorization replace the 401 Certification and Buffer Authorization issued to you on November 22, 2011.
This approval requires you to follow the conditions listed in the enclosed certification and the following
additional conditions-
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
ORe
NorthCarolma
,'aturally
North Carolina Division of Water ResoUrces 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet www ncwatercluality org Location 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportunity /Af irmative Action Employer- 50% Recycled /10% Post Consumer Paper
PNG Wilson Line 40A
DWR #11- 0877v2
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0 (acres)
0.336 (acres)
Site A
Wetland
0.039 (acres)
0.850 (acres)
Site B
Wetland
0 (acres)
0 306 (acres)
Site D
Wetland
0 (acres)
0.321 (acres)
Site E
Wetland
0 (acres)
0.114 (acres)
Site F
Stream
0 (linear feet)
89 (linear feet)
Site 1
Stream
0 (linear feet)
36 (linear feet)
Site 2
Stream
0 (linear feet)
40 (linear feet)
Site 3
Stream
0 (linear feet)
37 (linear feet)
Site 6
Stream
0 (linear feet)
2 (linear feet)
Site 7
Buffers —Zone 1
1,214 (square feet)
4,915 (square feet)
Site 1
Buffers — Zone 2
541 (square feet)
1,950 (square feet)
Site 1
Buffers —Zone 1
871 (square feet)
2,551 (square feet)
Site 2
Buffers — Zone 2
611 (square feet)
2,542 (square feet)
Site 2
Buffers —Zone 1
726 (square feet)
2,953 (square feet)
Site 6
Buffers — Zone 2
341 (square feet)
1,969 (square feet)
Site 6
Buffers —Zone 1
7,321 (square feet)
7,532 (square feet)
Site 7
Buffers —Zone 2
7,533 (square feet)
9,914 (square feet)
Site 7
PNG Wilson Line 40A
DWR #11- 0877v2
401 AND BUFFER APPROVAL
Page 3 of 4
2 No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre - Construction Notification. All construction activities, including
the design, installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules
occur.
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland
or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500.
4 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 Buffer 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 and is responsible for complying with all conditions.
5 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 (hereby
known as OAH). A petition form may be obtained from the OAH at.http://www.ncoah com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the
OAH during normal office hours (Monday through Friday between 8.00am and 5.00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH-
If sending by First Class Mail
via the US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e g UPS, FedEx )•
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
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
Please send one (1) copy of the petition to DWR-
If sending by First Class Mail
via the US Postal Service
Karen Higgins
NC DENR -DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If sending via delivery service
(e g. UPS, FedEx).
Karen Higgins
NC DENR -DWR — Webscape Unit
512 N Salisbury Street
Raleigh, NC 27604
PNG Wilson Line 40A
DWR #11- 0877v2
401 AND BUFFER APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse
Riparian Buffer Rules as described in 15A NCAC 02B .0233 . Please contact Cherri Smith at 919 - 791 -4251 or
cherri.smith@ncdenr gov if you have any questions or concerns.
Sin /erely,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosures. GC 3884
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
DWR RRO 401 Files
Joey Lawler; S &ME, Inc.; 9751 Southern Pine Blvd.; Charlotte, NC 28723
Appendix 11:
Revised Jurisdictional Boundary Drawings (Sheet 3 of 8
and Sheet 8 of 8)
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Appendix ill;
Original Mitigation Credit receipts
�--
E affe t
PROGRAM
RECEIPT
December 30, 2011
Mara Sikora
Piedmont Natural Gas
4720 Piedmont Row Drive
Charlotte, NC 28210
Project:
PNG Wilson L -40A
County:
Wilson
DWQ#
2011 -0877
CO E #:
2011 -02239
EEP #:
20650
Amount Paid:
$27,171.00
Check Number:
1102540
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification /Section 404 /CAMA Permit(s) issued for the
above referenced project This receipt serves as notification that your compensatory mitigation requirements assigned to
NCEEP associated with the authorized activity as specified below have been satisfied You must also comply with all other
conditions of this certification and any other state, federal or local government permits or authorization associated with this
activity including SL 2009 -337, An Act to Promote the Use of Compensatory Mitigation Banks, as amended by
S L 2011 -343
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as
specified in the permit Mitigation responsibility assigned to the NCEEP is nontransferable The mitigation will be
performed in accordance with the N C Department of Environment and Natural Resources' Ecosystem Enhancement
Program In -Lieu Fee Instrument dated July 28, 2010
River Basin
Stream Credits
Wetland Credits
Buffer I& II
HUC
(linear feet)
(acres)
(Sq Ft )
Cold
Cool
Warm
Riparian
Non - Riparian
Coastal Marsh
Neuse
0
0
0
069
0
0
0
03020203
Refunds of payments made to NCEEP are only approved under certain conditions All refund requests must be submitted in
accordance with EEP's refund policy at www nceep net If you have any questions or need additional information, please
contact Kelly Williams at (919) 716 -1921
Sincerely,
Michael Ellison
Deputy Director
cc Karen Higgins, NCDWQ Wetlands /401 Unit
Thomas Brown, USACE - Raleigh, Todd Tugwell, USACE - Raleigh
NCDWQ Wetlands /401 Unit
Joey Lawler, agent
File
1Z e-storr ... F ... Protect Our Stag NCDEPIR DEN
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www nceep net
RECEIPT
RIPARAN BUFFER CREDITS
DATE
Project Name Wilson County L40A (Pipeline)
Project Owner Piedmont Natural Gas
Project Location Wilson, NC
DWQ Number (if known)-
Greene Environmental Services, LLC has received payment for 20421 Riparian Buffer Credits
for Wilson County L40A (Pipeline) This receipt serves as notification that Greene
Environmental Services, LLC has debited the Riparian Buffer Credits for this project from the
Neuse River Riparian Buffer and Nutrient Offset Umbrella Mitigation Bank in accordance with
the Mitigation Banking Instrument approved by the North Carolina Division of Water Quality on
01/03/2012
Jeffrey Becker, Project Manager
Greene Environmental Services, LLC