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HomeMy WebLinkAbout20230274 Ver 1_ePCN Application_20230216DWR 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: 1/10/2023 BIMS # Assigned * Version# * 20230274 1 Is a payment required for this project? * No payment required Fee received Fee needed - send electronic notification What amout is owed?* $240.00 $570.00 Reviewing Office* Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Zachary Thomas:zachary.thomas@ncdenr.gov Information for Initial Review la. Name of project: DENC NC-98 Enhancement la. Who is the Primary Contact?* Robert Lepsic 1b. Primary Contact Email: * lc. Primary Contact Phone: * robert.lepsic@dominionenergy.com (919)810-7883 Date Submitted 2/16/2023 Nearest Body of Water Laurel Creek Basin Neuse Water Classification WS-IV;NSW Site Coordinates Latitude: 35.982249 A. Processing Information Longitude: -78.719321 County (or Counties) where the project is located: Durham Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 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 1b. 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: If. 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 lh. 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 Id. 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: Braschoss Peter J IV Trustee / NCDOT Right -of -Way 2b. Deed book and page no.: DB 4768, Pg 742 2c. Contact Person: Robert Lepsic 401 Water Quality Certification - Express Riparian Buffer Authorization 2d. Address Street Address 2020 Energy Drive Address Line 2 City State / Province / Region Apex NC Postal / Zip Code Country 27502 USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (919)810-7883 2g. Email Address:* robert.lepsic@dominionenergy.com 3. Applicant Information (if different from owner) 3a. Name: Andrew Moore 3b. Business Name: Public Service Company of North Carolina, Inc. 3c. Address Street Address 800 Gaston Road, Building A Address Line 2 City Gastonia Postal / Zip Code 28056 3d. Telephone Number: (704)810-3259 3f. Email Address:* andrew.moore@dominionenergy.com 4. Agent/Consultant (if applicable) 4a. Name: Timothy O'Halloran, WPIT 4b. Business Name: Kleinfelder, Inc. 4c. Address Street Address 9009 Perimeter Woods Drive Address Line 2 Suite E City Charlotte Postal / Zip Code 28216 4d. Telephone Number: (704)378-9177 4f. Email Address: * tohalloran @kleinfelder.com State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: C. Project Information and Prior Project History O 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Durham 2. Project Identification 2a. Property Identification Number: 2b. Property size: 195198; NCDOT ROW 2c. Project Address Street Address NC-98 Address Line 2 City State / Province / Region Durham NC Postal / Zip Code Country 27703 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Laurel Creek 3b. Water Resources Classification of nearest receiving water: * WS-IV;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010502 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 existing site conditions include primarily existing NCDOT Right -of -Way. The temporary construction easement encroaches upon approximately 0.2 acres of Parcel ID 195198. North of the project boundary is forested land, to the east are several residences followed by Boyce Mill Road, to the south is forested land, and to the west NC-98 continues. DENC is in the process of acquiring temporary easement from the property owner. A copy of the easement will be provided when obtained. 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: 0.09 4g. List the total estimated linear feet of all existing streams on the property: 83 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to install a 6-inch steel gas pipeline. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Dominion Energy proposed to install a 6-inch steel gas pipeline along NC-98/Wake Forest Highway and will be primarily located within the existing NCDOT Right -of -Way (ROW). The proposed work to be conducted in and around Laurel Creek will be installed via open -cut trench, which will result in temporary stream impacts, temporary wetlands impacts, and temporary impacts to the Neuse River Riparian Buffer. Approximately 83 linear feet of temporary stream impacts will result from the stream dewatering and will be restored to existing conditions following installation of the gas pipeline. Approximately 0.09 acres of temporary forested wetlands impacts will result from the temporary construction easement and workspace needed for the installation of the gas pipeline. The forested wetland will be allowed to return to its natural state following construction. Approximately 8,732 square feet of temporary impacts to Zone 1 of the riparian buffer are anticipated, and approximately 12,359 square feet of temporary impacts to Zone 2 of the riparian buffer are anticipated. Where the project impacts environmental features double silt fence will be utilized within the disturbance areas to reduce the impacts from construction. Runoff from impacts will follow silt fence to outlet at compost filter sock silt fence outlets. Upon construction completion, the area will be restored to its original conditions. All land disturbing activities shall be conducted in accordance with NCDEQ standards. All temporary erosion control measures shall be maintained in proper working condition during the period of construction. The ROW extents shall be staked/flagged. Wetlands, stream edges, and buffer zones will be clearly identified prior to land disturbing activities. Erosion control measures will be installed as needed. Clearing will be as necessary to install erosion control devices. Prior to grading or other earth disturbance of the ROW, sediment barriers and down slope erosion control measures will be installed. Once all required erosion control measures are in place ditching, stringing, and bending operations may begin. All erosion control measures will be inspected and maintained, if needed, at least once per week and within 24 hours after a 1.0-inch or more rainfall event. Denuded areas will be stabilized with seed and mulch, permanent stabilization includes replacement of topsoil and permanent seeding. When construction is complete, all areas will have achieved over 80% permanent vegetative cover and all remaining temporary sediment pollution controls will be removed. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes No Comments: 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? 0 Unknown Name (if known): Agency/Consultant Company: Katy Christie, PWS Kleinfelder, Inc. Other: 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? No. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Open Cut Trench T Bottomland Hardwood Forest 042WL Yes Corps 0.090 (acres) 2g. Total Temporary Wetland Impact 0.090 2g. Total Wetland Impact 0.090 2i. Comments: 2g. Total Permanent Wetland Impact 0.000 Tree clearing within the LOD will be minimal and as necessary, the wetland will be allowed to return to its natural state following construction. Mats will be used when working in wetlands. 3. Stream Impacts 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* S1 Trench for pipe placement Temporary Excavation Laurel Creek (041 PS) Perennial Both 25 Average (feet) 83 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 83 3i. Total temporary stream impacts: 83 3j. Comments: Impacts will be temporarily associated with the installation of the gasline and dewatering. The stream channel will be restored to preconstruction conditions after construction. Riprap will not be used in the stream channel. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Allowable Upon Authorization T Laurel Creek No 8,732 12,359 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 8,732.00 12,359.00 Zone 1 Zone 2 0.00 0.00 Zone 1 Zone 2 8,732.00 12,359.00 6i. Comments: Impacts are temporary, the buffer area will be returned to pre-existing conditions. The existing NCDOT ROW within the Riparian Buffer is approximately 45 feet wide. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The majority of the project will utilize the NCDOT ROW to minimize impacts to undeveloped areas. Upon completion of the project, the temporary workspaces will be allowed to regenerate naturally to minimize impacts to wetlands. The stream crossing was designed to be perpendicular. All work to be conducted will be temporary and all disturbed areas will be returned to existing conditions following construction. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion control devices such as silt fencing would be installed around the project area to prevent construction debris from entering jurisdictional wetlands and Waters of the U.S. The width of the LOD is the minimum required to safely complete the proposed pipe installation. The work area will be dewatered and no work will occur in a live stream channel. Down stream flows will be maintained. 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: The project will not result in a permanent loss of forested wetlands or stream bed. The project falls under the buffers rules as 15A NCAC 02B 0.0714 (11)(nn)(ii) "allowable upon authorization." F. Stormwater Management and Diffuse Flow Plan (required by DWR) O 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 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: 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. No additional impacts are proposed as part of this project. 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 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? U.S. Fish and Wildlife Service Information for Planning and Consultation (IPaC) and North Carolina Natural Heritage Program (NCNHP). 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 Essential Fish Habitat 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? * Kleinfelder performed a review of North Carolina Archaeology Site Files, Historic Topographic Maps, and NRCS Soil Survey. No records were reported in the vicinity of the LOD around Laurel Creek. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8b. If yes, explain how project meets FEMA requirements: The project meets FEMA requirements because there will be no change to existing contours and no addition of above ground structures or impervious areas within the floodplain. Floodplain Development Permit No. 22800047 was issued by the Durham City - County on October 14, 2022. The floodplain permit is provided in the attached document as Appendix E. 8c. What source(s) did you use to make the floodplain determination?* FEMA FIRM Panel: 3720088100K eff. 7/19/2022 Miscellaneous 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 DENC_NC98_PCN-Application_REV_20230203 (1).pdf 24.52MB File must be PDF or KMZ Comments The U.S. Fish and Wildlife Service (USFWS) Information for Planning and Construction (IPaC) lists four federally threatened/endangered species with the potential to occur within the Project's LOD. These species include the Neuse River Waterdog (Necturus lewisi), Carolina madtom (Noturus furiosus), Michaux's sumac (Rhus michauxii), and Scweinitz's sunflower (Helianthus schweinitzii). In addition to these four species, the monarch butterfly (Danuas plexippus) and tricolored bat (Perimyotis subflavus) are listed as candidate and proposed endangered, respectively, and are not subject to Section 7 requirements under the Endangered Species Act. The USFWS IPaC Resource List is included in the attached document as Appendix B. A description of habitat suitability for the federally listed threatened and endangered species in provided in the cover letter of the attached document. Photographs of Laurel Creek are provided in Appendix C of the attached document, and Occurrences by HUC10 Watershed figures for Carolina madtom and Neuse River waterdog are provided in Appendix D. 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: Robert Lepsic Signature Date 2/16/2023 ("KL E/NFEL OER Bright People. Right Solutions. February 3, 2023 Zach Thomas NC Department of Environmental Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Jean Gibby U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 SUBJECT: DENC — NC-98 Enhancement Pre -construction Notification for Individual 401 Water Quality Certification, Section 404 Nationwide Permit No. 12, and Neuse River Riparian Buffer Authorization Durham, Durham County, North Carolina Kleinfelder Project No. 20221261.001A Dear Mr. Thomas and Ms. Gibby: On behalf of Dominion Energy North Carolina (DENC), Kleinfelder, Inc. (Kleinfelder) respectfully submits this Pre -construction Notification (PCN), in pursuant to Section 401 of the Clean Water Act and Neuse River Riparian Buffer authorization, for the proposed DENC NC-98 Enhancement project (the Project) located in Durham County, North Carolina (35.982249,-78.719321). The project consists of installing a 6-inch steel gas pipeline parallel to NC-98/Wake Forest Highway, primarily within the existing NCDOT Right -of -Way (ROW); see Appendix F for the ROW encroachment agreement. A portion of the temporary construction easement will encroach upon Parcel ID 195198. DENC is in the process of obtaining a temporary easement from the property owner. A copy will be provided when received. Approximately 950 linear feet of pipe will be installed in the vicinity of Laurel Creek via open -cut trench, which will result in temporary stream impacts, temporary wetland impacts, and temporary impacts to the Neuse River Riparian Buffer. The impacts to the riparian buffer fall under the buffer rules as 15A NCAC 02B 0.0714 (11)(nn)(ii) as "allowable upon authorization". The proposed construction corridor is approximately 75 feet wide, which is greater than the limits covered under Water Quality General Certification No. 4244. Approximately 83 linear feet of temporary stream impacts will result from the stream dewatering and pipe installation, and will be restored to existing conditions following installation of the gas pipeline. Approximately 0.09 acres of temporary forested wetlands impacts will result from the temporary construction easement and workspace needed for the installation of the gas pipeline. The forested wetland will be allowed to return to its natural state following construction. Approximately 8,732 square feet of temporary impacts to Zone 1 of the riparian buffer are ("KL E/NFEL OER Bright People. Right Solutions. anticipated, and approximately 12,359 square feet of temporary impacts to Zone 2 of the riparian buffer are anticipated. The U.S. Fish and Wildlife Service (USFWS) Information for Planning and Construction (IPaC) lists four federally threatened/endangered species with the potential to occur within the Project's LOD. These species include the Neuse River Waterdog (Necturus lewisi), Carolina madtom (Noturus furiosus), Michaux's sumac (Rhus michauxii), and Scweinitz's sunflower (Helianthus schweinitzii). In addition to these four species, the monarch butterfly (Danuas plexippus) and tricolored bat (Perimyotis subflavus) are listed as candidate and proposed endangered, respectively, and are not subject to Section 7 requirements under the Endangered Species Act. The USFWS IPaC Resource List is attached as Appendix B. Suitable habitat is present for Michaux's sumac and Schweinitiz's sunflower within the maintained ROW. Kleinfelder conducted aquatic resources surveys on September 3 and October 6, 2021, which is within the USFWS optimal survey window for both species. During these field surveys, neither Michaux's sumac nor Schweinitz's sunflower were observed. Suitable habitat is not present for the Carolina madtom or Neuse River waterdog within Laurel Creek. Laurel Creek contains the substrate and stream size that is associated with Carolina madtom habitat; however, water depths in the portion of Laurel Creek that is within the LOD ranges from 3 to 6 inches, which is less than the required depths for this species. Laurel Creek is not large enough to support the Neuse River waterdog. This species is found in streams/rivers wider than 15 meters and deeper than 1 meter. See Appendix C for photos depicting stream characteristics. Additionally, the Project is located in the Middle Falls Lake watershed (HUC 0302020105). Occurrences by HUC10 Watershed figures were obtained from the NC Wildlife Resources Commission. These maps indicate that there are no recent records of Carolina madtom in the Middle Falls Lake watershed, and that this watershed is likely not occupied by the Neuse River waterdog. The Occurrences by HUC10 Watershed figures are attached as Appendix D. The project meets the requirements of a U.S. Army Corps of Engineers Nationwide Permit 12 and Nationwide Permit General Conditions. The stream crossing was designed to be perpendicular. All stream impacts to Laurel Creek will be temporary and, the existing stream channel substrate will be used to backfill the installation trench. Riprap will not be used within the stream channel. The work area will be dewatered and no work will occur in a live stream channel. Down stream flows will be maintained. The wetland impact will be temporary and will not result in permanent conversion of forested wetlands. Construction mats will be used when working in the wetland. All disturbed areas will be returned to existing conditions following construction. In addition to this permit application, Durham County has issued a Floodplain Development Permit for the temporary floodplain impacts; the permit is attached as Appendix E. ("KL E/NFEL OER Bright People. Right Solutions. This PCN has been submitted electronically along with this cover letter and enclosures. Please contact me if you have any additional questions at Dhallorana-kleinfelder.com or (704) 598-1049. Sincerely, KLEINFELDER, INC. Timothy O'Halloran, WPIT Ecologist/Wetland Scientist Enclosed: Exhibit A — Impact Exhibit "-5� -, I al� Sara Duquette Senior Professional/Senior Ecologist Appendix A — NC DWQ Stream Identification Form Appendix B — USFWS IPaC Resource List Appendix C — Photograph Log Appendix D — Occurrences by HUC 10 Watershed Figures Appendix E — Durham County Floodplain Development Permit Appendix F — Right -of -Way Encroachment Agreement Appendix G — Agent Authorization Form ("KL E/NFEL OEf7 Bright People. Right Solutions. EXHIBIT A Impact Exhibit / EXISTING PERENNIAL STREAM (041PS) LAUREL CREEK EXISTING STORM �^ ° e DRAIN RIM = 290.87' / EXISTING BOX CULVERT e ° I 100' BUFFER INVERT ELEV. = 275.60' ° e lI PROPOSED 6" STEEL GAS EXISTING BOX CULVERT L PIPELINE VIA OPEN CUT INVERT ELEV. = 270.32' e e ° „N MOa MOa MOa MO MOa MOa MOa MOa MOa MOa MOa MOa M a MON f— MOa MOa — Nl�a MOa M021 M021 MOa MOa M021 0 00 0 + C. 0 7 C) r n1 0 \�� \ 1� N.C. HIGHWAY 98 N o W N I / N '�� ti� It CN ? T T T N T T T T —��— `JCp - N o —_ — —_ N —� — T - T T —o o - T T T `r W N - G G G Gam—+— q r� —�-C� G 1-- G —� G G G I G G �'^ _- -.-.X x----- x M x X X- PLAN QaJ T TG�� �' ®_�—G —�G —G �'s _G _ =N �c~n --cc T T T — T T T T G B \ G �(N T - T - �i G � ew° °- , G V_ W 2ci G �< m WB MOa MOa MOa - a MOa MOa MOa MOa a MO lift N d o 164.5N/ EXISTING STORM PROPOSED SILT �N N ' 232 8' / 95202 DRAIN RIM = 290.61' PROPOSED INLET FILTER FENCE (TYP.) SF — PID: DON / I � 8 GULLIE DONNA PROTECTION (TYP.) PROPOSED IMPACT TO RIPARIAN/e e ZONE 2 (20FT.): (0.20 AC) o D.B. 6948, PG 127PROPOSED DOUBLE PROPOSED IMPACT TO RIPARIA o 45.6' SILT FENCE (TYP.) ZONE 1 (30FT.): (0.28 AC) ` S1 - TEMPORARY IMPACT W1 - TEMPORARY IMPACT 0 40 80 120 LAUREL CREEK (041PS) 83 EMERGENT WETLAND PID: 195198 LF & 0.05 AC (2138 SQ FT) (042WL) 0.09 AC (4054 SQ FT) SCALE: 1" = 40' HORIZONTAL SCALE IN FEET BRASCHOSS PETER J IV TRUSTEE D.B. 4768, PG. 742 \ 0 10 20 30 SCALE: 1" = 10' VERTICAL SCALE IN FEET EXISTING LEGEND PROPOSED LEGEND OHW ROW DID PROFILE J 720 — 719 320 - 310 - 300 - 290 - 280 - 270 - 260 - 250 416+50 W D FO OHW— ROW — EXISTING MAJOR CONTOUR (5') EXISTING MINOR CONTOUR (1') EXISTING PROPERTY LINE EXISTING POWER POLE / STRUCTURE EXISTING GAS LINE EXISTING WATER LINE EXISTING FIRE HYDRANT EXISTING STORM DRAIN EXISTING FIBER OPTIC EXISTING OVERHEAD ELECTRIC LINE EXISTING NCDOT RIGHT-OF-WAY — UGE UGE — e WRY. WB J W W WBMW IV W n x n x Z1 Z1 Z2 Z2 EXISTING FENCE EXISTING EDGE OF PAVEMENT EXISTING EASEMENT EXISTING UNKNOWN UTILITY EXISTING UNDERGROUND POWER LINE EXISTING SIGN EXISTING STORM STRUCTURE EXISTING EDGE OF STREAM EXISTING WETLAND EXISTING GUARD RAIL EXISTING RIPARIAN ZONE 1 (30 FT.) EXISTING RIPARIAN ZONE 2 (20 FT.) G G G PROPOSED 6" STEEL GAS LINE CFS CFS PROPOSED COMPOST FILTER SOCK PROPOSED LIMITS OF DISTURBANCE PROPOSED SILT FENCE OUTLET PROPOSED TEMPORARY CONSTRUCTION EASEMENT PROPOSED HORSESHOE INLET PROTECTION ® ® ® e e ® ® PROPOSED INLET FILTER PROTECTION F-0 PROPOSED STREAM IMPACT AREA e ® e e ® . _ . _ . PROPOSED 100' DOMINION 8M 8M ENVIRONMENTAL BUFFER = PROPOSED WETLAND IMPACT AREA WB WB PROPOSED STORM DRAIN N 6Z 6Z PROPOSED RIPARIAN ZONE 1 (30 FT.) IMPACT AREA W W W PROPOSED WATER LINE Z1 Z1 N NOTE: PROPOSED RIPARIAN ZONE 2 (20 FT.) IMPACT AREA IF THE EXISTING DITCH IS DISTURBED DURING CONSTRUCTION ACTIVITIES, DITCH SHALL BE SF SF PROPOSED SILT FENCE RESTORED USING NAD SC150BN CHANNEL MATTING. (OR 18" COMPOST FILTER SOCK) WETLAND IMPACT TABLE SITE NAME WETLAND NAME IMPACT TYPE WETLAND TYPE IMPACT AREA(AC/SQ FT) W1 042WL TEMPORARY EMERGENT 0.09 AC (4,054 SQ FT) STREAM IMPACT TABLE SITE NAME WETLAND NAME I IMPACT TYPE WETLAND TYPE IMPACT AREA (LF/AREA (AC/SQ FT)) S1 LAUREL CREEK (041 PS) I TEMPORARY PERENNIAL 83 LF / 0.05 AC (2,138 SQ FT) IMPACT TABLE IMPACT TYPE ALLOWABLE PERMANENT OR TEMPORARY TEMPORARY STREAM NAME LAUREL CREEK (041 PS) BUFFER MITIGATION REQUIRED NO ZONE 1 IMPACT 0.20 AC (8732 SQ FT) ZONE 2 IMPACT 0.28 AC (12359 SQ FT) 0 z z �5 �5 C/) 0 C/) O z_ 0 Of Of 0 U � C/) Z 0 00 rn rn z V f Q O W N co O (D IT N c/) c/ I_ H co � U J + W N I I N O O coW > O U C) � r- L� + U + N H U U 0 Q N(n �H Q Q zN N� W W z N(n W W -j —~ �v N� F — m ll- II 00� X� W' W' W �N —a CO (D U)C) �+ wc~n ZN �U) Wcn 0 + + Oco N zN zN IT X< W c/) N � Q � Q � Q N EXISTING GRADE w — w — w U 0 — _ N — N e N N EXISTING DRAIN CROSSING L PROPOSED 6" STEEL STA=418+16 GAS PIPELINE VIA OPEN CUT \ 3' MIN. - 320 - 310 - 300 - 290 KL E/NFEL DER Bright People. Right Solutions. WWW.KLEINFELDER.COM 3200 GATEWAY CENTRE BLVD., SUITE 100 MORRISVILLE, NC 27560 PHONE: 919-755-5011 NC LICENSE # F-1312 REVISIONS REV DESCRIPTION DSN CHK DATE DWN APP A EXHIBIT TEW KTL 11 /21 /2022 TEW DSK B CLIENT COMMENTS TEW KTL 1/16/2023 TEW DSK ISSUED FOR PERMITTING SCALE VERIFICATION THIS BAR IS 1 INCH IN LENGTH ON ORIGINAL DRAWING N 0 1" I __j IF IT'S NOT 1 INCH ON THIS SHEET ADJUST YOUR SCALES ACCORDINGLY ORIGINAL DRAWING SIZE IS 22 x 34 NC-98 ENHANCEMENT DURHAM COUNTY, NORTH CAROLINA Dominion - 280 Energy ­ 270 260 250 DOMINION ENERGY 800 GASTON ROAD MC GASTONIA, NC 28056 IMPACT EXHIBIT PROJECT NO. 20221261.001A 1 ISSUE DATE 1/16/2023 CURRENT REVISION B DESIGNED BY TEW DRAWN BY TEW L J L 417+00 418+00 419+00 420+00 421+00 422+00 423+00 424+00 425+00 426+00 CHECKED BY KTL APPROVED BY DSK SHEET 1 of 1 ("KL E/NFEL OEf7 Bright People. Right Solutions. APPENDIX A NC DWQ Stream Identification Form NC DWQ Stream Identification Form Version 4.11 041 PS (Laurel Creek) Date: 6/30/22 Project/Site: NC-98 Enhancement Latitude: 35.982173 Evaluator: Katy Christie, PWS county: Durham Longitude:-78.719398 Total Points: Stream is at least intermittent 43 Stream Determination (circ a Ephemeral Intermitter erennial Other R Quad Name: ayl eaf if>_ 19 or perennial if>_ 3W e.g. A. Geomorphology (Subtotal = 25 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 ✓3 2. Sinuosity of channel along thalweg 0 1 2 ✓3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 ✓3 4. Particle size of stream substrate 0 1 2 ✓3 5. Active/relict floodplain 0 1 ✓2 3 6. Depositional bars or benches 0 1 2 ✓ 3 7. Recent alluvial deposits 0 1 ✓2 3 8. Headcuts ✓0 1 2 3 9. Grade control 0 0.5 1 ✓ 1.5 10. Natural valley 0 0.5 1 ✓ 1.5 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 0 1 2 ✓3 13. Iron oxidizing bacteria ✓0 1 2 3 14. Leaf litter ✓ 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 ✓1 1.5 16. Organic debris lines or piles 0 ✓ 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 ✓ Yes = 3 C. Biology (Subtotal = 9 18. Fibrous roots in streambed ✓3 2 1 0 19. Rooted upland plants in streambed ✓3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 ✓ 3 21. Aquatic Mollusks ✓0 1 2 3 22. Fish ✓ 0 0.5 1 1.5 23. Crayfish 1/0 0.5 1 1.5 24. Amphibians ✓0 0.5 1 1.5 25. Algae ✓ 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 ✓ Other = 0 `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Laurel Greek mapped on USGS, NWI, NHS, etc. Sketch: ("KL E/NFEL OEf7 Bright People. Right Solutions. APPENDIX B USFWS IPaC Resource List 1/25/23, 1:49 PM IPaC: Explore Location resources IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Durham County, North Carolina Local office Raleigh Ecological Services Field Office t. (919) 856-4520 JEJ (919) 856-4556 https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 1/13 1 /25/23, 1:49 PM MAILING ADDRESS IPaC: Explore Location resources Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, INC 27606-1487 �o� Foy https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 2/13 1/25/23, 1:49 PM IPaC: Explore Location resources Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. 4 T> Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed speciesl and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 3/13 1 /25/23, 1:49 PM IPaC: Explore Location resources 2. 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. The following species are potentially affected by activities in this location: Mammals NAME Tricolored Bat Perimyotis subflavus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/10515 Amphibians NAME Neuse River Waterdog Necturus lewisi STATUS Proposed Endangered STATUS ,NO - Threatened Wherever found 1 There is final critical habitat for this species. Your location does/ not overlap the critical habitat. I'M i https://ecos.fws.gov/ecp/species/6772 Fishes NAME Carolina Madtom Noturus furiosus Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/528 Insects Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Endangered l.11ra=1 Candidate STATUS https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 4/13 1 /25/23, 1:49 PM IPaC: Explore Location resources Michaux's Sumac Rhus michauxii Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Smooth Coneflower Echinacea laevigata Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3473 Critical habitats Endangered Threatened Potential effects to critical habitat(s) in this location must be analyzed along with the 114* endangered species themselves. There are no critical habitats at this location. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . 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 Treaty Act of 1918. 2.Vhe Bald and Golden Eagle Protection Act of 1940. 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/library/collections/avoiding-and-minimizing-incidental-take- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation- measures.pdf https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 5/13 1 /25/23, 1:49 PM IPaC: Explore Location resources 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. "Ic iN NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Cerulean Warbler Dendroica cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.�ws.gov/ecp/species/2974 Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Eastern Whip -poor -will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Apr 28 to Jul 20 Breeds Mar 15 to Aug 25 Breeds May 1 to Aug 20 Breeds Apr 20 to Aug 20 https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 6/13 1 /25/23, 1:49 PM Prairie Warbler Dendroica discolor IPaC: Explore Location resources Breeds May 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere 44 0 Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 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. https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 7/13 1 /25/23, 1:49 PM IPaC: Explore Location resources 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. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) 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) .00 . Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 1 Urn grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. 4 No Data IlIllik Y; 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. V4*W) probability of presence breeding season I survey effort — no data SPECIES ]AN FEB MAR APR MAY 1UN JUL AUG SEP OCT NOV DEC Bald Eagle 1111 Ikm liii+ lili�l llll Non -BCC --- --- —, — vulnerable Cerulean ++++ ++++ ++++ +++I ++++ +++— +—++ ++++ ++++ ++++ ++++ Warbler BCC Rangewide (CON) Chimney Swift �� �� BCC RanChimney Swift ++++ ++++ ++++ ++ 'IIII11ri + 171"1'1 III+ ++++ ++++ (CON) https://ipac.ecosphere.fvvs.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 8/13 1 /25/23, 1:49 PM IPaC: Explore Location resources Eastern Whip- I I I I I-+++ +++++" 0+�} ++++ ++++ ++++ ++++ poor -will BCC Rangewide (CON) Kentucky ++++ ++++ ++++ ++ +i dil '�� ++++ ++++ ++++ Warbler BCC Rangewide (CON) Prairie Warbler ++++ ++++ ++++ m"' 111' --+ +++— +�+ + 11+ ++++ ++++ ++++ BCC Rangewide ___ (CON) Prothonotary ++++ ++++ ++++ ,"' ,'—' +++— +'+„+++ ++++ ++++ ++++ Warbler BCC Rangewide (CON) Red-headed 11+� 11+111+1 mill 11111111 +1+-111111111 I 1 Woodpecker BCC Rangewide (CON) Rusty Blackbird ++0+ ++++ ++A +++— ++ + ++++ ++++ ++++ BCC - BCR F Wood Thrush ++++ ++++ ++++ +++' ��#+ ++++ ++++ ++++ ++++ BCC Rangewide (CON) 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 (BCC), 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. https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 9/13 1 /25/23, 1:49 PM IPaC: Explore Location resources 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 4 migrating or year-round), you may query your location using the and look 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? %�Aklo Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Core tion 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. https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 10/13 1 /25/23, 1:49 PM IPaC: Explore Location resources 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 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. e 0 % Facilities 1�14— National Wildlife Refuge lands 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 at this location. https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 11/13 1/25/23, 1:49 PM IPaC: Explore Location resources Fish hatcheries There are no fish hatcheries at this location. Wetlands in the National Wetlands Inventory (NWI) 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. IIIIAk 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. This location overlaps the following wetlands: FRESHWATER FORESTED/SHRUB WETLAN PF01 A A full description for each wetland code can be found at the National Wetlands Inventory website NOTE: This initial screening does not replace an on -site delineation to determine whether wetlands occur. Additional information on the NWI data is provided below. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 12/13 1 /25/23, 1:49 PM IPaC: Explore Location resources Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. INW) VI" �oOe Foy https://ipac.ecosphere.fws.gov/location/OKFFPTYFQNHB5J5L4NFAQAYJAU/resources 13/13 ("KL E/NFEL OEf7 Bright People. Right Solutions. APPENDIX C Photograph Log KLE/NFELOER Bright People. Right Solutions. Photo 1 — View of Laurel Creek; facing upstream to the north. Photo 2 — View of Laurel Creek; facing downstream to the south. ("KL E/NFEL OEf7 Bright People. Right Solutions. APPENDIX D Occurrences by HUC10 Watershed Figures Occurrences by H UC 10 Watershed of the Ca rol i na Madtom (Natures fufiosus) and Survey Locations Approximate Site Location 7 Most Recent Record (yea rs fir-OFIn 2017) 1. --;5 yeas 2, 6.10 pears 3,11-15 y"rs 4, 16.20 yeiarS .5, -21) y�M Targel rspi4cias 00wrrenre Comprehensive fish aurvayE River Basin HUC 10 0 10 20 Kilometers I Il Map created by Tyler Back Pfi.D- 9fAW 17 data Somas: NC Wildlife Resources Commission Figure 7. DistribuVon map of Carofina Madtom (Noturus fiuriosus) with;n the Neuse and Tar-Pamfico river basins depicting 10-digit hydrcftic units (cokwed and categorized based on year of observa- tkn), collection Jocations (black dots), and survey locations (gray dots). Currences by H U C 10 Watershed of the Neuse River Waterdog (Neeturus Jewsr) 1 T Approximate Site Location 201 Os HU C 10 Occupancy Gacupied Gain in Occupancy MLoss in Occupancy M Likely Not Occupied River Basi rn HUC 10 0 10 20 Kilorerterm I I Map created Icy Tyler Mack PhLD_ 95+W017 Data Sou rces: NO Mdliie Relsoureas Oommiminn 4.1 S Figure 11. Occupancy observations for Neese River Waterdog Wed u ru s levv i s i) within the Neuse and Tar-ParnIko riven basins depicting I 0-digit hydrologic units. ("KL E/NFEL OEf7 Bright People. Right Solutions. APPENDIX E Durham County Floodplain Development Permit DURHAM CITY — COUNTY FLOODPLAIN DEVELOPMENT T PERMIT PERMIT NO: 22800047 TYRE PAYMENT, DATE ISSUED: ACTIVITY 1: Replacement TYPE STRUCTURE: Non -Residential ACTIVITY 2: JOB ADDRESS ADDRESS DESCR.: TAX MAP REF: 4611t Leesville Road 07 9-50-41-9500 OWNER NAME_ Leesville Storage Partners Li OTHER ACTIVITY 1: OTHER ACTIVITY 2: OTHER ACTIVITY 3: install anew 6 JURISDICTION' ZONING: Count%- RR BASE FLOOD ELEVATION: DURHAM CHANGE IN WATER ELEVATION 0 1'a FUTURE COND. BFE: m MEETS ORDINANCE LIMITS ON CHANCE IN WATER ELEVATION FLOODVI�AY IS ESTABLISHED: COMPACTED FILL ELEVATION : DEVELOPMENT IN FLOODWAY : FLOOD STUDY REQUIRED: FIRM EFF. DATE' =mi FIRM PANEL NUMBER: N OTE : 1. PROJECT TO BE BUILT IN ACCORDANCE WITH APPROVED PLANS. 2. AS-BUILTS TO BE PROVIDED AFTER CONSTRUCTION IS COMPLETIE=AKD PRIOR TO FINAL 1N SPECTION AND APPROVAL. LINNUMBEREDAZONE: ff PROPOSED LOWEST F 1100 !00 E LE ATION : PROJECT COST: 0.00 ASSES SE D VALUE'R H A $ 0.00 CO$TJ ALUE : &00 SPECIAL CONDfTIONS ("KL E/NFEL OEf7 Bright People. Right Solutions. APPENDIX F Right -of -Way Encroachment Agreement STATE OF NORTH CAROLINA ROUTE NC-98 PROJECT DENC NC-98 Enhancements COUNTY OF --m DEPARTMENT OF TRANSPORTATION -AND- Public Service Company of North Carolina, Incorporated RIGHT OF WAY ENCROACHMENT AGREEMENT PRIMARY AND SECONDARY HIGHWAYS THIS AGREEMENT, made and entered into this the 11 day of March 20 22 by and between the Department of Transportation, party of the first part; and Public Service Company of North Carolina, Incorporated WITNESSETH party of the second part, THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) Leesville Road; Doc Nichols Road; Olive Branch Road; NC-98; Boyce hull Road located in Durham County, NC with the constructionand/or erection of: New underground gas line (App-amatety 8.2 miles) WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of the first part's latest UTILITIES ACCOMMODATIONS MANUAL, and such revisions and amendments thereto as may be in effect at the date of this agreement. Information as to these policies and procedures may be obtained from the Division Engineer or State Utilities Manager of the party of the first part. That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changesinthe locationofthe-said-facilities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; sitting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Division Engineer of the party of the first part. That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless evidence of approval can be shown. Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the second part from the party of the first part. During the performance of this contract, the second party, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally - assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials FORM R/W 16.1 (Rev. February 2021) and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. c. Solicitations for Subcontracts including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (1) withholding of payments to the contractor under the contract until the contractor complies, and/or (2) cancellation, termination or suspension of the contract, in whole or in part. f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a" through °f" in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. R/W (161) : Party of the Second Part certifies that this agreement is true and accurate copy of the form R/W (161) incorporating all revisions to date. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year first above written. DEPARTMENT OF TRANSPORTATION BY: DIVISION ENGINEER ATTEST OR WITNESS: ��vrl G C Lt',✓nE�-� MC.��i'S�oA�,�i- i "Oi-G/e5$ Second Party INSTRUCTIONS When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of the State Utilities Manager. In the space provided in this agreement for execution, the name of the corporation or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly below their signature. When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this agreement and the names of all persons signing the agreement should be typed directly below their signature. This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information: 1. All roadways and ramps. 2. Right of way lines and where applicable, the control of access lines. 3. Location of the existing and/or proposed encroachment. 4. Length, size and type of encroachment. 5. Method of installation. 6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, etc. 7. Location by highway survey station number. If station number cannot be obtained, location should be shown by distance from some identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the Raleigh office.) 8. Drainage structures or bridges if affected by encroachment (show vertical and horizontal dimensions from encroachment to nearest part of structure). 9. Method of attachment to drainage structures or bridges. 10. Manhole design. 11. On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc. 12. Length, size and type of encasement where required. 13. On underground crossings, notation as to method of crossing - boring and jacking, open cut, etc. 14. Location of vents. GENERAL REQUIREMENTS 1. Any attachment to a bridge or other drainage structure must be approved by the State Utilities Manager in Raleigh prior to submission of encroachment agreement to the Division Engineer. 2. All crossings should be as near as possible normal to the centerline of the highway. 3. Minimum vertical clearances of overhead wires and cables above all roadways must conform to clearances set out in the National Electric Safety Code. 4. Encasements shall extend from ditch line to ditch line in cut sections and 5' beyond toe of slopes in fill sections. 5. All vents should be extended to the right of way line or as otherwise required by the Department. 6. All pipe encasements as to material and strength shall meet the standards and specifications of the Department. 7. Any special provisions or specifications as to the performance of the work or the method of construction that may be required by the Department must be shown on a separate sheet attached to encroachment agreement provided that such information cannot be shown on plans or drawings. B. The Department's Division Engineer should be given notice by the applicant prior to actual starting of installation included in this agreement. ("KL E/NFEL OEf7 Bright People. Right Solutions. APPENDIX G Agent Authorization Form KL E//VFEL DER Bright People. Right Solutions. AGENT AUTHORIZATION FORM Project: Dominion Energy North Carolina (DENC) Projects Property Legal Description: NCDOT Right -of -Way and PID 195198 Street Address: DENC North Carolina Service Territory Easement Holder: DENC The undersigned, registered property owners of the above noted properties, do hereby authorize Kleinfelder To act on my behalf and take all actions necessary for the processing, issuance, and acceptance of this permit of certification and any and all standard and special conditions attached. Easement Holder's Address: 2020 Energy Drive Apex NC 27502 Telephone #: 919-810-7883 Email Address: robert.lepsic@dominionenergy.com Signature (Contractor/Agent) Print Name/Title Timothy O'Halloran, WPIT Signature (Easement Holder)O� Print Name/Title Robert Lepsic