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HomeMy WebLinkAbout20221776 Ver 1_ePCN Application_20221216DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 9/27/2022 BIMS # Assigned* Version#* 20221776 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review la. Name of project: Line 375 Exposure Repair la. Who is the Primary Contact?* Joey Lawler, PWS What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:eads\ahpitner 1 b. Primary Contact Email:* lc. Primary Contact Phone:* jlawler@smeinc.com (704)604-6474 Date Submitted 12/16/2022 Nearest Body of Water UT to Setman Branch Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.708121 A. Processing Information County (or Counties) where the project is located: Rowan Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No Longitude: -80.564935 la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 12 - Utility Lines NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Athens West, Inc. 2b. Deed book and page no.: 786/314 2c. Contact Person: See Applicant - Nicholas Jennings 2d. Address Street Address 2050 Statesville Blvd. Address Line 2 City Salisbury Postal /Zip Code 28147 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (336)263-0921 2g. Email Address: * nicholas.jennings@duke-energy.com 3. Applicant Information (if different from owner) 3a. Name: Nicholas Jennings 3b. Business Name: Piedmont Natural Gas 3c. Address Street Address 4720 Piedmont Row Drive Address Line 2 City Charlotte Postal / Zip Code 28210 3d. Telephone Number: (336)263-0921 3f. Email Address: * nicholas.jennings@duke-energy.com 4. Agent/Consultant (if applicable) 4a. Name: Joey Lawler, PWS 4b. Business Name: S&ME, Inc. 4c. Address Street Address 2016 Ayrsley Town Blvd. Address Line 2 Suite 2-A City Charlotte Postal / Zip Code 28274 4d. Telephone Number: (704)604-6474 4f. Email Address: * jlawler@smeinc.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1 b. Subdivision name: (if appropriate) N/A lc. Nearest municipality / town: Salisbury 2. Project Identification 2a. Property Identification Number: 223035 2b. Property size: 57 (parent tract) 2c. Project Address Street Address Arma Lane Address Line 2 City State / Province / Region Salisbury NC Postal / Zip Code Country 28147 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * UT to Setman Branch 3b. Water Resources Classification of nearest receiving water: * C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401020504 4. Project Description and History 4a. 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 site consists primarily of a portion of PNG's existing, 50-foot wide natural gas pipeline easement, where a segment of the pipeline has become exposed in an eroding stream. The stream flows across the easement from a 36-inch culvert located just outside of the north edge of the easement. The work area will also include temporary workspace that has been acquired adjacent to easement where the culvert is located. The existing easement is abutted by woodlands, and Arma Lane, a gravel road, is located just north of the easement. A residential subdivision is located further north, and the larger vicinity consists of forested areas, residential development, and scattered commercial development. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 159 4h. Explain the purpose of the proposed project: * The purpose of the project is to repair a segment of natural gas pipeline that has become exposed in an eroding streambed and inhibit future exposure by raising the streambed, eliminating an existing meander and installing permanent erosion control matting (shoreflex) in the channel. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * PNG plans to conduct inspection and repair work at a segment of their natural gas transmission pipeline that has become exposed in a streambed. The site is located within PNG's existing easement just south of Arma Lane. PNG plans to inspect the exposed pipe, conduct recoat operations (if necessary), and bring the streambed back up to grade to cover the exposure area. Once the fill is at grade, PNG plans to install ShoreFlex or a similar concrete block erosion control matting over the area. The stream will be realigned to remove an eroding meander within the easement. The work will be conducted "in -the -dry" by establishing temporary coffer dams at the upstream end of the culvert and downstream of the pipeline exposure. The permanent impacts will result from filling the existing streambed and re-establishing a new channel lined with Shoreflex matting. The temporary impacts will result from dewatering the stream channel and disturbance to construct the temporary coffer dams. Any temporarily affected stream areas outside of the permanent impact footprint will be restored to the approximate pre -disturbance contours and conditions, seeded with a customized riparian seed mix and stabilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Joey Lawler, PWS Agency/Consultant Company: S&ME Other: On October 4, 2022 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? Not applicable. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 3. Stream Impacts Streams -tributaries Pond Construction Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* Si Fill/shoreflex placement Permanent Rip Rap Fill S1 Perennial Both 14 Average (feet) 61 (linear feet) S2 Coffer dam / Dewatering Temporary Dewatering S1 Perennial Both 4 Average (feet) 98 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 61 3i. Total stream and ditch impacts: 159 3j. Comments: See drawings and details for additional information. E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 98 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: To minimize impacts to Waters of the U.S., PNG has proposed to limit the space for the project to the existing easement. The project has been designed to incorporate appropriate erosion and sediment control practices outlined in the most recent version of the "North Carolina Erosion and Sedimentation Control Planning and Design Manual" and approved by the North Carolina Department of Environment and Natural Resources (NCDENR) prior to construction. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction equipment operating near the stream will be limited to that necessary for pipe repair and streambank stabilization activities. PNG will conduct a pre -construction meeting with relevant company and contractor personnel, and a qualified PNG Environmental Inspector will also be present on -site during performance of the instream work. 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 this project DOES NOT require Compensatory Mitigation, explain why: As proposed, the project will comply with applicable conditions of the aforementioned NWP and GC. Because the project will not result in permanent stream impacts that exceed 150 linear feet of stream or 0.02 acre of wetland, compensatory mitigation should not be required. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The project is not located in an area under the jurisdiction of the NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? • Yes No Comments: N/A G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. Additional development as a result of project implementation is not anticipated because the proposed project is addressing an exposure of an existing pipeline. The replacement pipe will not be of increased size or add additional capacity to the pipeline. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC tool and NCNHP database review followed by field survey. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA EFH Mapper. 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 status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NCSHPO HPOWEB 2.0 and OSA database file review. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA NFHL Miscellaneous u Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document PCN PACKAGE - LINE 375.pdf 6.8MB File must be PDF or KMZ Comments Please see attached additional information. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Joey Lawler Signature Date 12/16/2022 Sign =0 December 5, 2022 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 22350689 Attention: Ms. Krysta Stygar North Carolina Division of Water Resources Section 401 and Buffer Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Attention: Mr. Paul Wojoski Reference: Pre -Construction Notification PNG Line 375 Exposure Repair Salisbury, Rowan County, North Carolina S&ME Project No. 22350689 Dear Ms. Stygar and Mr. Wojoski: On behalf of Piedmont Natural Gas (PNG), S&ME, Inc. (S&ME) is submitting this pre -construction notification (PCN) to inform you of work they plan to conduct in order to repair an exposed segment of their Line 375 natural gas pipeline and permanently stabilize a segment of stream located within their existing pipeline easement. The project as proposed requires authorization from the U.S. Army Corps of Engineers (USACE) because combined temporary and permanent fill placement exceeds 0.02 acre. The project also requires pre -construction written approval from the North Carolina Division of Water Resources (NCDWR) due to the permanent stream impacts. The applicable authorization is Nationwide Permit (NWP) No. 12 (Oil and Natural Gas Pipeline Activities) and General Water Quality Certification (WQC) No. (GC) 4244. In support of this PCN, the following accompanying information has been submitted through the NCDWR electronic PCN website (https://edocs.deq.nc.gov/Forms/Pre-Construction Notification Form): Figures Appendix I — Delineation Concurrence Information and Agent Authorization Form Appendix II — Site Photographs Appendix III — Construction Drawings and Typical Details Appendix IV — North Carolina Natural Heritage Program (NCNHP) and U.S. Fish and Wildlife Service (USFWS) IPaC Reports Appendix V — Restoration Plan S&ME, Inc. 12016 Ayrsley Town Blvd., Suite 2-A I Charlotte, NC 28273 1 p 704-523-4726 If 704-525-3953 1 www.smeinc.com Pre -Construction Notification PNG Line 375 Exposure Repair Salisbury, Rowan County, North Carolina S&ME Project No. 22350689 General Project Information PNG is planning to repair an exposed segment of high-pressure natural gas transmission line that has become exposed in the bed of an actively eroding stream channel that flows across their existing, maintained easement. The general project area is located southeast of Arma Lane in Salisbury, Rowan County, North Carolina. The general location of the review area is depicted on the attached Site Vicinity Exhibit (Figure 1). The review area is also depicted on the appropriate portions of the Rowan Mills, North Carolina U.S. Geological Survey (USGS) Topographic Exhibit (Figure 2), Soils Exhibit (Figure 3), and an Aerial Orthoimagery Exhibit (Figure 4). An unnamed perennial tributary flows across PNG's maintained easement from an existing 36-inch reinforced concrete pipe located beneath Arma Road to the north. The pipe has become perched and the stream has downcut across PNG's easement such that the high pressure transmission line has become exposed in the streambed. Portions of the streambanks within the easement have become eroded and require permanent stabilization to inhibit future degradation. A majority of the work will be conducted within the existing easement on each side of the stream. Access to the site will be provided from Arma Lane, just north of the easement. The existing easement is otherwise abutted on either side by woodlands, and the vicinity consists of forested areas, residential development, and industrial development. The review area is located in the Lower Second Creek sub -watershed (HUC 030401020504) of the Yadkin Pee Dee River Basin. Review of the USGS Topographic Map (Figure 2) depicts an unnamed tributary to Setman Branch (NCDWR Index No. 12-108-21-4-1; Class C) that flows south of the project area. SA1 flows south from the 36-inhc CMP, across the easement and then to the unnamed tributary. Setman Branch itself flows northwest, ultimately draining to Walnut Branch. Soils mapped within the review area (Figure 3) are limited to Pacolet sandy loam,15 to 25 percent slopes, and Pacolet sandy clay loam, 8-15 percent slopes. Pacolet soils are not considered hydric. Jurisdictional Areas The subject stream (SA1) located within the review area was delineated by S&ME on October 4, 2022. SA1 is an unnamed tributary to Setman Branch and exhibits perennial flow. Within the easement, the width of SA1 ranges from approximately six to sixteen feet with eroded, nearly vertical banks that are approximately 5 to 6 feet deep. S&ME also assessed the remaining review area for the presence of wetlands or additional water bodies, and none were identified. Information relative to our delineation of the project area is included in Appendix I, and representative photographs of the site are included in Appendix II. 2 Pre -Construction Notification PNG Line 375 Exposure Repair Salisbury, Rowan County, North Carolina S&ME Project No. 22350689 Description of the Work PNG plans to conduct inspection and repair work at a segment of their natural gas transmission pipeline that has become exposed in a streambed. The site is located within PNG's existing easementjust south of Arma Lane. PNG plans to inspect the exposed pipe, conduct recoat operations (if necessary), and bring the streambed back up to grade to cover the exposure area. Once the fill is at grade, PNG plans to install ShoreFlex or a similar concrete block erosion control matting over the area. The stream will be realigned to remove an eroding meander within the easement. The work will be conducted "in -the -dry" by establishing temporary coffer dams at the upstream end of the culvert and downstream of the pipeline exposure. A drawing depicting the proposed impacts and associated details are provided in Appendix III. The permanent impacts will result from filling the existing streambed and re-establishing a new channel lined with Shoreflex matting. The temporary impacts will result from dewatering the stream channel and disturbance to construct the temporary coffer dams. Any temporarily affected stream areas outside of the permanent impact footprint will be restored to the approximate pre -disturbance contours and conditions, seeded with a customized riparian seed mix and stabilized. A summary of impacts is provided in Table 1. Table 1: Summary of Impacts Stream ID Permanent (Fill and Shoreflex placement) Temporary (Dewatering and temporary disturbance) SA1 61 If 0.019 ac 98 If 0.009 ac PNG indicated that the combined workspace and access from Arma Lane should not exceed 1.0 acre of land disturbance. Therefore, submittal of an Erosion and Sediment Control (E&SC) Plan to the North Carolina Department of Environmental Quality (NCDEQ) Land Quality Section for approval will not be required. Protected Species To assist you with determining compliance with applicable sections of the Endangered Species Act (ESA) of 1973 (16 USC 1531-1543), S&ME submitted a request for information to the NCNHP. The NCNHP responded with a report dated October 10, 2022 that lists element occurrences, natural areas, and managed areas within a one -mile radius of the project area. The report identified no occurrences of federally protected species and no natural areas within a one -mile of the project area. One managed area (an NCDOT mitigation site) was identified within a one -mile radius of the project area but is located well outside of the project area and will not be affected. S&ME also consulted the USFWS Information for Planning and Consultation (IPaC) system for a list of species that are known or expected to be near the assessment area. The IPaC report identified the species listed in Table 2 as having potential for direct or indirect affected by activities in the assessment area. Pre -Construction Notification =a Table 2: Federally Listed Species Summary PNG Line 375 Exposure Repair Salisbury, Rowan County, North Carolina S&ME Project No. 22350689 Name L Rom �EL Tricolored Bat Scientific Name M& Perimyotis subflavus Federalmon uAlIc PE No Schweinitz's Sunflower Helianthus schweinitzii E No Monarch Butterfly Danaus plexippus C No C = Candidate; E = Endangered; PE = Proposed Endangered T = Threatened Descriptions of the relevant species obtained from online USFWS source material are provided below. Tricolored Bat Status: Endangered Biological Determination: No Effect The tricolored bat is a small insectivorous bat that is distinguished by its unique tricolored fur and often appears yellowish to nearly orange. The once common species is wide ranging across the eastern and central United States and portions of southern Canada, Mexico and Central America. During the winter, tricolored bats are often found in caves and abandoned mines, although in the southern United States, where caves are sparse, tricolored bats are often found roosting in road -associated culverts and forage during warm nights. During the spring, summer, and fall, tricolored bats are found in forested habitats where they roost in trees, primarily among leaves of live or recently deaceased deciduous hardwood trees, but may also be found in Spanish moss, pine trees, and occasionally human structures. Note that with respect to tricolored bat, species listed as Proposed Endangered are not protected by the take prohibitions of Section 9 of the ESA until the rule to list is finalized. Under section 7(a)(4) of the ESA, federal agencies must confer with the USFWS if their action will jeopardize the continued existence of a proposed species. Given that a majority of the work will occur in an existing, maintained easement, likely during the winter months, the project should have no effect on this species. Schweinitz's Sunflower Status: Endangered Biological Determination: No Effect Schweinitz's sunflower (Helianthus schweinitzii) is a perennial herb in the aster family that generally grows up to five feet in height. This plant has tuberous roots, with each stem attached to a single tuberous root. The stems are scabrous (rough) and generally reddish in color. The leaves are soft pubescent below and scabrous on the upper surface. The ray flowers are yellow, while the disk flowers are purplish. Schweinitz's sunflower generally blooms during the month of September. The habitat of Schweinitz's sunflower is open woods, roadsides, and powerline easements, often on basic soils with bare spots or a gravel component. The preferred sites are characterized by abundant sunlight and little competition in the herbaceous layer. 4 Pre -Construction Notification PNG Line 375 Exposure Repair Salisbury, Rowan County, North Carolina S&ME Project No. 22350689 Schweinitz's sunflower is listed as a current record for Rowan County. The review area contains potentially suitable habitat for Schweinitz's sunflower within the existing utility easement and roadside area that will be used for access. However, S&ME conducted a survey of the project area on October 10, 2022, and no populations of this Helianthus species were observed. Accordingly, the project should not adversely affect this species. Monarch Butterfly Status: Candidate Biological Determination: No Effect The monarch butterfly (Danaus plexippus) is reddish/orange in color with black vein like markings. It has a black border around its wings with white spots. In the spring and summer, the monarch butterfly's primary habitat is open field and meadows containing milkweed. In the winter it can be found on the coast of southern California as well as high altitudes of central Mexico. The project as proposed should have no effect on monarch butterfly because the project site does not contain suitable habitat for this species. Copies of the NCNHP and USFWS IPaC reports are included in Appendix IV. Historic and Archaeological Resources Review of the State Historic Preservation Office (SHPO) GIS database identified one site, Saint Matthew's Episcopal Church, within a one -mile radius of the project area. This site is located approximately 0.21-mile northeast of the project area and is ineligible for listing on the National Register of Historic Places. Further, the proposed work will occur entirely within areas that have been previously disturbed, and as such, should have no effect on historic or archaeological resources. Avoidance and Minimization To minimize impacts to Waters of the U.S., PNG has proposed to limit the space for the project to the existing easement. Additionally, construction equipment operating near the stream will be limited to that necessary for pipe repair and streambank stabilization activities. PNG will conduct a pre -construction meeting with relevant company and contractor personnel, and a qualified PNG Environmental Inspector will also be present on -site during performance of the instream work. The project has been designed to incorporate appropriate erosion and sediment control practices outlined in the most recent version of the "North Carolina Erosion and Sedimentation Control Planning and Design Manual" and approved by the North Carolina Department of Environment and Natural Resources (NCDENR) prior to construction. Restoration activities at temporarily -affected streambanks outside of the permanent impact footprint are summarized in the Restoration Plan (Appendix V). As proposed, the project will comply with applicable conditions of the aforementioned NWP and GC. Because the project will not result in permanent stream impacts that exceed the associated thresholds Pre -Construction Notification PNG Line 375 Exposure Repair Salisbury, Rowan County, North Carolina S&ME Project No. 22350689 (150 If 10.02 acre) of stream, and there are no wetland impacts, compensatory mitigation should not be required. Closing Thank you for your review of this PCN. Please feel free to contact us at 704-523-4726 with questions or if you need additional information. Sincerely, SWE Joey Lawler, PWS Senior Consultant Senior Review by Jason Reeves, P.E., Principal Engineer cc. Nicholas Jennings — PNG Appendices: Rebeckah Sims, PWS Natural Resources Professional II Figures Appendix I — Delineation Concurrence Information and Agent Authorization Form Appendix 11— Site Photographs Appendix III — Construction Drawings and Typical Details Appendix IV— NCNHP and USFWS IPaC Reports Appendix V — Restoration Plan Figures Drawing Path: \\EgnyteDrive\Ops\Energy\Projects \2022\22350689 Duke-PNG Line 375 Exposure Assessment Salisbury NC\4 Energv\GIS\MAP SETS\REPORT\1-VICINITY.mxd plotted by rsims 10-12-2022 0 3,000 REFERENCE: GIS BASE LAYERS WERE OBTAINED FROM ESRI. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. a�ro Salisbury Community Pork LEGEND * EXPOSURE LOCATION PIPELINE EASEMENT CORRIDOR III SITE VICINITY EXHIBIT PIEDMONT NATURAL GAS LINE 375 EXPOSURE ASSESSMENT SALISBURY, ROWAN COUNTY, NORTH CAROLINA SCALE: 1 " = 3,000 ' DATE: 10-12-22 FIGURE NO. 1 PROJECT NUMBER 22350689 Ilk Aw 41 icy �'�\` - _� • b ater oil Sch 0 ��r000 , r� 2,000 837 (EET) , • ; LEGEND s REFERENCE: • • � EXPOSURE LOCATION a GIS BASE LAYERS WERE OBTAINED FROM ESRI. THIS MAP IS FOR INFORMATIONAL = PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE PIPELINE EASEMENT CORRIDOR NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 0 SCALE: FIGURE NO. USGS TOPOGRAPHIC EXHIBIT 1 " = 1,000 ' L DATE: Ili E PIEDMONT NATURAL GAS 10-12-22 2 LINE 375 EXPOSURE ASSESSMENT PROJECT NUMBER SALISBURY, ROWAN COUNTY, NORTH CAROLINA 22350689 ted by rsims 10-12-2022 Drawing Path: \\EgnyteDrive\Ops\Energy\Projects\2022\22350689 Duke-PNG Line 375 Exposure Assessment Salisbury NC\4 Energv\GIS\MAP SETS\REPORT\3-SOILS.mxd PcB2 REFERENCE: 2021 AERIAL IMAGERY GIS BASE LAYERS WERE OBTAINED FROM ESRI, USDA-NRCS, AND COUNTY SOURCES. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. ir LEGEND * EXPOSURE LOCATION i. PIPELINE EASEMENT CORRIDOR ROADS _ ApB : Appling sandy loam, 2 to 6 percent slopes CeB2 : Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded - PaD: Pacolet sandy loam, 15 to 25 percent slopes PcB2 : Pacolet sandy clay loam, 2 to 8 percent slopes, moderately eroded _ PcC2: Pacolet sandy clay loam, 8 to 15 percent slopes, moderately eroded - RnB: Rion -Wedowee complex, 2 to 8 percent slopes RnC: Rion -Wedowee complex, 8 to 15 percent slopes SOILS EXHIBIT PIEDMONT NATURAL GAS LINE 375 EXPOSURE ASSESSMENT SALISBURY, ROWAN COUNTY, NORTH CAROLINA SCALE: 1"=500' DATE: 10-12-22 FIGURE NO. 3 PROJECT NUMBER 22350689 • • • I. I in _LI 11 r n 1 1 • 1 1 1,1,1 A r r I r I re, 1,1 I, A A rTrl -1-1 A A rill A 1 r Y A Alb f HILLSID DR 4 ROD 1,000 REFERENCE: 2021 AERIAL IMAGERY GIS BASE LAYERS WERE OBTAINED FROM ESRI AND COUNTY SOURCES. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. AERIAL ORTHOIMAGERY EXHIBIT PIEDMONT NATURAL GAS LINE 375 EXPOSURE ASSESSMENT SALISBURY, ROWAN COUNTY, NORTH CAROLINA LEGEND - STREAM FLOW - PIPELINE EASEMENT CORRIDOR ROADS SCALE: 1"=500' DATE: 10-12-22 PROJECT NUMBER 22350689 FIGURE NO. 4 Appendix I Delineation Concurrence Information and Agent Authorization Form Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Joey Lawler, PWS2016AyrsleyTown Blvd.,Suite 2-A Charlotte,NC28273 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: ROWan City: Salisbury Center coordinates of site (lat/long in degree decimal format): Lat.: 35.708270 Long.:-80.565304 Universal Transverse Mercator: 17S 3951679.18N 539322.02E Name of nearest waterbody: Setman Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ■❑ Office (Desk) Determination. Date: September/October 2022 ■❑ Field Determination. Date(s): October 4, 2022 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) SA1 35.70836 -80.564985 159 Non -wetland water Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 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 AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) 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) 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) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (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 PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives 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 AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, 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. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Generated by S&ME 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ■❑ U.S. Geological Survey Hydrologic Atlas: Hydrologic Atlas 730L, 1997 0 USGS NHD data. 0 USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: Rowan Mills, 2022 ■❑ Natural Resources Conservation Service Soil Survey. Citation: Rowan County, 2004 ■❑ National wetlands inventory map(s). Cite name: USFWS NWI, 1982 ❑ State/local wetland inventory map(s): ■FEMA/FIRM maps: 3710573100J (6/16/2009) ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ■❑ Aerial (Name & Date): 2021 Aerial Imagery (from ESRI) or ■❑ Other (Name & Date): From the 10/4/2022 Field Day ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. urisdictional Determination Reauest U5 Army Corps of Engineers Wilmington Districi This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www. saw.usace. army.mil/Missions/Regulatol yPermitPro i4ram/Contact/CountyLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Arma Lane City, State: Salisbury, North Carolina County: Rowan Parcel Index Number(s) (PIN): B. REQUESTOR INFORMATION Name: Joev Lawler. PWS Mailing Address: 2016 Ayrsley Town Boulevard Telephone Number: Electronic Mail Address Select one: Suite 2-A Charlotte, NC 28273 704-523-4726 jlawler@smeinc.com I am the current property owner. I am an Authorized Agent or Environmental Consultanti Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION Name: Piedmont Natural Gas Mailing Address: 4720 Piedmont Row Drive Charlotte, NC 28210 Telephone Number: Electronic Mail Address: 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Joey Lawler, PWS Print Name Capacity: ❑ Owner ✓❑ Authorized Agent' Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑✓ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) 7 I am requesting that the Corps provide a preliminM JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ❑ Size of Property or Review Area acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.708270 Longitude: -80.565304 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. F] Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Form'. Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms hJ Other Assessment Forms ' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf 8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWQ Stream Identification Form Version 4.11 Date:10/4/2022 Project/Site: Line 375 Latitude: 35.70836 Evaluator:J. Lawler, PWS county:Rowan Longitude:-80.564985 Total Points: Stream is at least intermittent 30 Stream Determination (circle one) Other if>_ 19 orperennial if>_ 30' Perennial e.g. Quad Name: A. Geomorphology (Subtotal = 13 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 0 2 0 30 2. Sinuosity of channel along thalweg 0 1 0 2 • 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 0 10 2 0 30 4. Particle size of stream substrate 0 0 1 • 2 0 3 5. Active/relict floodplain 0 0 1 2 30 6. Depositional bars or benches 0 1 2 . 3 7. Recent alluvial deposits 0 1 . 2 0 3 8. Headcuts 0 • 1 2 3 9. Grade control 0 • 0.50 1 0 1.50 10. Natural valley 00 0.5 1 0 1 1.50 11. Second or greater order channel No = 0 • Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 9 ) 12. Presence of Baseflow 00 10 20 30 13. Iron oxidizing bacteria 0 1 • 2 3 14. Leaf litter 1.50 1 Q 0. 0 15. Sediment on plants or debris 0 0.5 • 1 Q 1.5 16. Organic debris lines or piles 00 0.5 • lu 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 • C. Biology (Subtotal = 18. Fibrous roots in streambed 3(.) 2 in 0 19. Rooted upland plants in streambed 30, 2 10 0 20. Macrobenthos (note diversity and abundance) 0 1R 2 3 21. Aquatic Mollusks 0 • 1 2 3 22. Fish 0 0.5 . in 1.5 23. Crayfish 00 0.5 • 1 1.5 24. Amphibians 0 • 0.5 1 1.5 25. Algae 0 • 0.5 U 10 1.5 26. Wetland plants in streambed 10 FACW = 0.7500BL = 1.500ther = OQ `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 41 AGENT AUTHORIZATION FORM Date: 10/31 /2022 Project Intormation S&ME Project Name: PNG Line 375 Exposure Repair Type of Project: Pipeline Exposure Project Location: Arma Lane, Salisbury, NC rroperty owner/Applicant inrormation Owner/Applicant Name: Piedmont Natural Gas Mailing Address: 4720 Piedmont Row Drive City, State, Zip Code: Charlotte, NC 28210 Telephone No. 336.263.0921 Contact: Nicholas Jennings Agent Intormation Business Name: S&ME, Inc. Street Address: 9751 Southern Pine Blvd City, State, Zip: Charlotte, NC 28273 Telephone No. 704.523.4726 Contact: Joey Lawler, PWS / Rebeckah Sims, PWS Authorization: I, Nicholas Jennings hereby authorize S&ME, Inc. to submit information to and coordinate with the US Army Corps of Engineers (USACE) and/or the NC Division of Environmental Quality (NCDEQ) and other relevant Federal/State/Local agencies pursuant to obtaining necessary environmental permits for the project referenced above. If applicable, this also authorizes the USACE/NCDEQ to access the project site for the purposes of conducting site assessment/confirming the accuracy of delineated boundaries, provided that prior notification/coordination with PNG. Signature: gzd- 0ed� S&ME, INC. / 2016 Ayrsley Town Boulevard, Suite 2A/ p 704.523.4726 f 704.525.3953/www.smeinc.com TEMPORARY CONSTRUCTION EASEMENT STATE OF NORTH CAROLINA LINE 375 COUNTY OF ROWAN PROJECT TRACT NO. 1 PROJECT NO.00000 PARCEL ID #: 573102564243 THIS "TEMPORARY CONSTRUCTION EASEMENT" is made and granted as of this ,"- r�-day of OC'- to E"- 2022, from ATHENS WEST, INC a NC CORPORATION, ("Grantor", whether one or more), to PIEDMONT NATURAL GAS COMPANY, INC., a North Carolina corporation ( Piedmont"), WHEREAS, Grantor is the owner of, or has an interest in, that property situated in the County of Rowan, North Carolina, as more particularly described in the instrument recorded in Book 786 Page 314, Rowan County Registry (the "Property'). NOW, THEREFORE, Grantor, for and in consideration of the sum of Five Hundred Dollars ($500.00) and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, and conveys unto Piedmont, its successors and assigns, a temporary construction easement (the "TCE") for the purposes of performing construction activities and laying, storing, erecting, parking, and/or protecting any equipment, vehicles, materials, fill, components, parts, and tools associated with the construction of Piedmont's pipelines and appurtenant facilities (the "Facilities ) which Facilities may or may not be located on the Property The TCE encompasses an area of approximately 0.037 acres, the location of which has been mutually agreed upon between Grantor and Piedmont and is generally shown and approximated on "Exhibits A", which are attached hereto and incorporated herein by reference (the "TCE Area"). Piedmont's Use. Piedmont shall have all rights necessary or convenient for the full use and enjoyment of the rights herein granted, including, without limitation: (1) reasonable access across the Property to and from the TCE Area; (2) the right, but not the obligation, to clear and keep the TCE Area cleared of vegetation, undergrowth, trees (including overhanging limbs and foliage), buildings, structures, installations, and any other obstructions which unreasonably interfere with the rights granted herein (collectively, "Obstructions") (3) the right but not the obligation to install temporary fencing around the TCE Area and to exclude all persons, including Grantor, from any fenced portions of the TCE Area. The TCE does not grant Piedmont the right to place any permanent installations or Facilities in the TCE Area. Term. The date on which this TEMPORARY CONSTRUCTION EASEMENT is granted, as first written above, shall be the beginning of the term of the TCE (the "Commencement Date") Following all facilities for which this TCE is given being placed in service, the TCE shall terminate upon the sooner of: (1) Piedmont's restoration of the TCE Area pursuant to the restoration requirements described in the Damages section below and, when any permits have been issued for construction and/or erosion and sediment control measures are present, the release of Piedmont from its obligations under all permits and the removal of all temporary erosion and sediment control measures from the Property; or (2) three years after the Commencement Date. Damages. Piedmont shall be responsible for actual physical damage to (1) the land within the Property and TCE Area and (2) improvements and annual crops located on the Property that are not in violation of the terms hereof, to the extent caused by Piedmont in exercising the rights granted herein, provided that a claim is made by Grantor within one hundred and twenty (120) days after such damages are sustained. Piedmont shall restore and level the surface of the Easement Areas to a condition which is reasonably close to the condition existing immediately prior to Piedmont's use of the TCE Area, excepting earthen water bars to prevent erosion Piedmont shall not be liable for any damage caused to Obstructions or improvements installed in violation of the terms hereof and may remove them at Grantor's expense without Grantor's prior approval or permission. Ownership of the Property. Grantor represents, warrants and covenants that it is the lawful owner of the Property and has the right to convey the rights set forth herein and that the Property is free from all encumbrances, except for encumbrances of record. Grantor represents it has obtained any necessary approvals from any applicable tenant interests. To have and to hold said rights, privileges, and TCE unto Piedmont, its affiliates, successors, and assigns until such time as the TCE terminates pursuant to the terms herein. Piedmont, its successors and assigns, shall have the right to assign, license, lease, or otherwise transfer, in whole or in part, this TEMPORARY CONSTRUCTION EASEMENT, or any rights granted herein, to any person or entity, including but not limited to, any affiliated parent or subsidiary entity of Piedmont, for the uses and purposes expressly stated herein. This TEMPORARY CONSTRUCTION EASEMENT shall run with the land and inure to the benefit of and be binding upon Grantor, Piedmont and their respective heirs, successors and assigns until such time as the TCE terminates pursuant to the terms herein. IN WITNESS WHEREOF this TEMPORARY CONSTRUCTION EASEMENT has been signed underseal by Grantor, as of the date first above written GRANTOR: ATHENS WEST INC. A NC CORPORATION Sign &"SJdV4AVP Print P►&st F Title Rev, Dec. 2020 Appendix II Site Photographs OFT Mpr A r 7 : 1 hw SITE PHOTOGRAPHS ` PNG Line 375 Exposure Repair Salisbury, Rowan County, North Carolina S&ME Project No. 22350689 PHOTOGRAPH VIEWING DIRECTION: Left Bank DESCRIPTION/COMMENT: View of the exposed pipeline within the strea mbed. PHOTOGRAPH 4 VIEWING DIRECTION: Upstream DESCRIPTION/COMMENT: View of culvert that conveys flow to S1. I'! SITE PHOTOGRAPHS ` PNG Line 375 Exposure Repair Salisbury, Rowan County, North Carolina S&ME Project No. 22350689 PHOTOGRAPH VIEWING DIRECTION: West DESCRIPTION/COMMENT: View of Arma Lane looking towards easement. PHOTOGRAPH 6 VIEWING DIRECTION: South DESCRIPTION/COMMENT: View of easement looking towards stream. 3 Appendix III Construction Drawings 0 III ' j, III bA >Z sW � q, / VNI10b Hib ON "A NAOD NVMOb 1N3WSS3SSV3bASOdM SL£3NIl9Nd ilSIHM3 Vdhlhtl3 iS HJN"fl NVVN175 01 NVJf1flQH Q7INVNNfl Dvavvl vavav f e NN"Oavaa f N r - iza—. 7VNIIObtl HibON FINAOD NVMOb ��j uLL.II 1N3WSS3SSV3bASOdM SL£3 Nll 9Nd N �� ilelHx3 llwm hmis ap is �w - G'aa 3 0 VGG 8 3 .3 alp E. 20 3 off„ �a G - x wG �€o - 'aG ?3 �5�dz wkLL - -oE 8 H � I � �Nda io do. � og II � �L wMHo z I I 3 o_ I� o I I > C Mrvve io 3oi o wrv�uo � j m Mrvve io aoi is z _ o0 oG — —€ — aC 3 — 2m� in — vFi�WGaGaGaGaGa €a — �X+ 3� mS�Nz o wQ oZa aSlot W — mho go >K �p- w GwaGa al�a3�3V3��3F� o'a —�-lzzN pG SO H � — UK E �Y � o � 3 g � Go mo LL � o w a �F Q 3p �oaow�o � oz�� o Mori ��zoraF �o _ oa £oa�o 6 On a -- z osW oN�s a z o��oa z zw x x € aF m € it oilh— 5 '— �No o�or _ wG. a— ao pza pia —AVO — — 3 a3> z��� Vz3Xz �03 Mori empnrc�a casosasuaai�nww»Ne�a�3 ev�/��esi� wawsns�a�soam scca�u��a-w�a casosaszzozvuafvaVZa�3��do�awaaN�e3��.uivasrvimaaa V1 mrm w w z_ LLI w J D J0o Zm O H Q W O J W O �--I� D W Z 0 U 0 J U W z 0 O z V) LLJ J .��-I W Yd W OW OQ J A C3 mof@ 6=W J Via x W DO x W�W'�H= Mw(L w~ //'S��-I I —I z0�(~nOW �} Z Z J Q Qf W Q Z W QQ ~ O J - O F m W w(nJJQ'(np JWi W H Y WQ =mw WmZ W it W F?0 H z, Q Vl pwgU J W Z=~ a mQ (n 0 V) LL Q OD W ®®® Q D W Ga U Q D x Q~V)m H O U M W W 0~ N H~ H Q W x Q U 0 W O w Z�(nWZWm Q�3 Q j) Q ZQaZOQOJ ¢�� W JLL ¢wwo A ���� zo �¢ W ofQ W W U U Q' J U O~ J OW OZQ W iJ.J W f< �� W H�z�ZN Q JQD A QQ O NZwxw V)w O0WFWFZaQ 2x Ux WOwZ QU H .Z.W U ¢ P4W W J ZJ Z ViZ} } aQQQQ xJW J OHfnQHOU Q'Q Vi Zmw 2mV ZQ Q zuwi w UQY w Wmpwp -) w z xxZQZ w, o�� z 3r»D F �0DP4 x w L7 4 (U w w A V� x Z N w Y 3O J w O J W w w m Q W Q 3L w f W z O � ~O (1) p4 Y W Z J .Z. 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U W Y LJ Z D U 2 W W 0 I- I- r�°w3E GENERAL NOTES: w i 2 J 0 0 0 N W 3 0 J x 0 = J- V) U W U W Z J Wm Ce ~ 0 o W oZ Q Z WATER FLOW SECTI❑N VIEW Drawing N.T.S. Z 0 w J W D J OZ Z H m Q W o f W Z U 3 p J mow Zoomwi-o L w Y m- O ww o Q m= pxwl. O Q =o_ < www w W� p p U H ixoDm Z O m W W p} w O� O 0 1(7) z H wwV)JJcemo w=I-<-<oo ZI-omc7i2D� opw3Fprw zaazo<om J <oW�a H J= WW W p H d z d m V) gZcaww:: Uw0OW ZV)Q mmmomwowz ShoreFlex Existing Outfall Detail Title: 0 H 0 A product of Appendix IV NCNHP and USFWS IPaC Reports Roy'Cooper, Governor N� ■■PF INC DEPARTMENT OF ■■a1■p NATURAL AND CULTURAL RESOURCES ■ ■■■ October 10. 2022 Ashley Bentz S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 RE: PNG Line 375 Exposure Repair; 22350689 Dear Ashley Bentz: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, NaWral Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESCURCeS 121 W. JON[S STREET. RALEIGI1, Mr- 27603 • 1631 MAIL SERvifE CENTER.RALEIGH_ Nr_ 276�03 Q OFC 919,707.9120 • FAX 919,707.9U] / CO CO3 s2 \ y CO a \ \ / \ / 3 2 3 z e \ % u _ \ / / \ / \ CO % « m = ® ƒ m %y 2 / \ \ \ 0 � � a z JJ \\ CO J CO 2 Gƒ E \/ � g � \4 \ ±/ COj \ \2 / < m /% 7-0/ »± _ CO j \ \ CO ® \ / ® - - � \ \ CC)(-o \ ° o © » \.z /\/%\ _ \ ƒ./ / X H 0 CO) co - \ CO \ 0Cl � 2 \ \ \ \ / COLn 30 CO 2 \ « ^ / ° \ 4 k \ \ \ CO CO < \ ® \ 0 \ \ Lo \ 7 s 3 ƒ E \ CO \ 0 E \ 0 \ \ \ co / / } cn / a) 3 COcn `z / \ ? 5 a)z / o / t ± _ E \ / \ / : \ \ y / / \ \ \ / ( \ CO g \e 4E y \ 3 0 \ g / \ g �s / � \ \ \ / } H » e / 2 O / .$ ƒ CO \ COCO z > © \ .g 2 \ \ z \ y v z ° E / / \ / \ E .± \ E \ 2 s _ CO / / x c = \ n 0 \ CO / \ / /{ g \ \ \ / / E \ \ / \ ® ® ° $ \� / / § \ ± 4 / e % \ / .g - 4 4 \ �z 0 CO( \/ a) a)n \ {\ n D E c z u CO Z s //© s e 3\ /\\=\ \/ / /// § \ / .I- ca Ii+ L 0 CL x W J hz CL Q) ti LO �7 cl r W 2 Z U z M O M N a �}i 4+7 United States Department of the Interior FISH AND WILDLIFE SERVICE had, Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2023-0002698 Project Name: PNG Line 375 Exposure Repair October 10, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 10/10/2022 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 10/10/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 10/10/2022 Project Summary Project Code: 2023-0002698 Project Name: PNG Line 375 Exposure Repair Project Type: Operations and Maintenance of Facilities Project Description: Repair gasline exposed in streambed Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/035.708500900000004,-80.56544885094758,14z Counties: Rowan County, North Carolina 10/10/2022 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 10/10/2022 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 10/10/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. 10/10/2022 BREEDING NAME SEASON Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) 10/10/2022 Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES Bald Eagle Non -BCC Vulnerable Chimney Swift BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Prothonotary Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) probability of presence breeding season I survey effort — no data mFEB MAR APR �MAY uiJUL iAUG SEPiinNOV DEC -- 1111111111"11111111111 ---- ---- ---- ---- Ili'mmdd IN ------ �10 _�■III Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librq�r/ rator. 10/10/2022 4 • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding. and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL,) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look 10/10/2022 at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be 10/10/2022 6 aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 10/10/2022 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. 10/10/2022 IPaC User Contact Information Agency: S&ME, Inc. Name: Joey Lawler Address: 9751 Southern Pine Blvd City: Charlotte State: NC Zip: 28273 Email jlawler@smeinc.com Phone: 7046046474 Appendix V Restoration Plan General Restoration Plan Piedmont Natural Gas Line 375 Exposure Repair Salisbury, Rowan County, North Carolina The proposed project has been designed to avoid and minimize jurisdictional impacts where practicable. As part of mitigation for unavoidable impacts, the following plan shall be implemented to restore temporarily - affected streambanks. This plan entails restoration of temporarily -disturbed streambanks to their original contours or to a more stable state as specified by the construction drawings. Outside of that depicted on the drawings and unless otherwise authorized by the appropriate permits, no fills or spoils of any kind will be permanently placed within wetlands or along additional streambanks. Further, temporarily disturbed streambanks will be permanently stabilized using coir matting (with no plastic or nylon) and native vegetative cover. Proposed restoration activities will include the removal of the coffer dams and/or placed fill material and restoration of affected areas to original pre -disturbance contours. The native seed mix identified in the attached table will be utilized at temporarily -disturbed streambanks. Table 1: North Carolina Piedmont Riparian Name Sorghastrum nutans Mix Common Name Indiangrass PercentageScientific of Mix 29.9 Elymus virginicus Virginia Wildrye 20.0 Panicum virgatum Switchgrass 20.0 Panicum anceps Beaked Panicgrass 10.0 Chasmanthium latifolium River Oats 5.0 Panicum rigidulum Redtop Panicgrass 5.0 Chamaecrista fasciculata Partridge Pea 3.0 Carex vulpinoidea Fox Sedge 2.0 Coreopsis lanceolata Lanceleaf Coreopsis 2.0 Rudbeckia hirta Blackeyed Susan 2.0 Juncus effusus Soft Rush 0.5 Vernonia noveboracensis New York Ironweed 0.4 Helenium autmnale Common Sneezeweed 0.2 100 The North Carolina Piedmont riparian mix is to be applied to the disturbed areas within 25 feet of the streambanks. The recommended application rate is 20 pounds per acre with a cover crop. To provide quicker cover, the mix specified in Table 1 should also be augmented with the appropriate cover/companion species, as identified in Table 2. Table 2: Cover/Companion Secale cereale Grain Rye September 1 to 30 lbs./acre Grows 3-4' tall, but not a strong a April 30 competitor. Echinochloa Japanese May 1 to August Good germination; dies off with esculenta Millet 31 10 lbs./acre frost; does not tolerate mowing. Substitutions to the native seed mix identified in this restoration plan may be made with prior approval. Additional information related to restoration activities is included on the construction drawings. The native seed mix (ERNMX-307) can be obtained from: Ernst Seeds 8884 Mercer Pike Meadville, Pennsylvania 16335 1-800-873-3321 814-336-2404 sales@ernstseed.com 2