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HomeMy WebLinkAbout20231316 Ver 1_PCN Attachments_Trib to Troublesome Creek @ Transco ROW_20230921Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver4.3 Required and Supporting Documentation For TRANSCO ROW at Tributary to Troublesome Creek 1. Site Maps - Vicinity, Topo, NWI, Soils, FEMA, Aerial 2. Aquatic Resources Map and USACE Wetland Determination Datasheets - Eastern Mountains and Piedmont Region 3. Impact Sheets 4. Conceptual Stream Stabilization Plans 5. USFWS Documentation from iPAC System 6. Historic and Prehistoric Cultural Resources Map 7. ROW Recorded Deeds Site Maps Vicinity, Topo, NWI, Soils, FEMA, Aerial i AMERICAN LAND CONCEPTS, INC. . 238 B MAIN STREET a' ! REISTERSTOWN, MARYLAND 21136 north PHONE: (410)-526-2688 SCALE: 1"=2,000' f � •'� '� 11 d.1.f L6 LU < Bite 'II I •� I fl 11 i.S ! f + VICINITY MAP Transcontinental Gas Pipe Line Company LLC, at Tributary to Troublesome Creek Rockingham County, North Carolina June 2023 - 'ITI )QEIL AMERICAN LAND CONCEPTS, INC. +LilJ J LLL238 B MAIN STREET l' i 11 1 REISTERSTOWN, MARYLAND 21136 north PHONE: (410)-526-2688 SCALE: 1"=2,000' - Site { � F i o • d J RN C TR � 806 C M 570NE LOOP •' /��-+1 �•, r I P h fLN 1 - l •y �� p e. t GZENCOE CHURCH LOOP `�, I�� 1 ` �• �O � 1 .f n USGS TOPOGRAPHIC MAP Transcontinental Gas Pipe Line Company LLC, at Tributary to Troublesome Creek Rockingham County, North Carolina June 2023 AMERICAN LAND CONCEPTS, INC. 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410)-526-2688 NWI MAP north SCALE: 1"=500' Transcontinental Gas Pipe Line Company LLC, at Tributary to Troublesome Creek Rockingham County, North Carolina June 2023 AMERICAN LAND CONCEPTS, INC. 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410)-526-2688 WEB SOIL SURVEY north SCALE: 1"=500' Transcontinental Gas Pipeline Company LLC, at Tributary to Troublesome Creek Rockingham County, North Carolina June 2023 AMERICAN LAND CONCEPTS, INC. ::.. (... 238 B MAIN STREET I REISTERSTOWN, MARYLAND 21136 north PHONE: (410)-526-2688 SCALE: 1"=600' - --- - •- 55 . r . . '." �,�7�YF. '�� _ •�, .. • ^big �,1 65 •- � Z N-x Site m FEMA FLOOD MAP Transcontinental Gas Pipe Line Company LLC, at Tributary to Troublesome Creek Rockingham County, North Carolina June 2023 Aquatic Resources Map USACE Wetland Determination Datasheets - Eastern Mountains and Piedmont Region Approximate Aquatic Resources TRANCO ROW at Tributary to Troublesome Creek Rockingham County, North Carolina June 2023 � Existing Maintained -- ROW (120') \ / Wet 1 ' \ V -Po ;-1 The Study Area is approximately 1.86+/- acres. The area is limited to the Transco ROW associated with the proposed pipeline maintenance, stream stabilization, and site access. Resources within the Study Area include: Intermittent Stream = 130 LF Emergent Wetlands = 2,425 SF Other resources outside of the Study Area are as shown on Rockingham County GIs. LEGEND: Study Area �V —1, —11 �.".".'.".".".".f Emergent Wetland Intermittent Stream Toe of Slope Top of Stream Bank Treeline Perennial Stream(centerline)/Open Water GIs NONE MINE i� vow . . Parcel Line Soils Line U.S. Army Corps of Engineers OMB Control#: 0710-0024, Exp-1113012024 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control5ymbut EXEMPT. See ERDCIEL TR-12-9; the proponent agency is CECW-CO-R (Authority: Aft 335.15, paragraph 5.2a) ProjectlSite_ Williams ROW at Yank Road City/County: SummerfieldlRockingham Sampling Dale: 4127M Applicant/Owner: State- NC Sampling Point Wet 1 Investigator(s)- GM.1, EFH Section, Township, Range: Landform (hillside, terrace, etc.): Local relief (concave, convex, none): Slope Subregion (LRR or MLRA)- LRR P. MLRA 136 Let: Long- Datum - Soil Map Unit Name: NWI classification: Are climatic ! hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (if needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling pant locations, transects, important features, etc. Hydmphytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No— within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required] Primary Indicators (minimum of one is required; check all that a_ply) - _ Surface Soil Cracks (136) x Surface Water (Al) True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (B8) Water Table (A2) Hydrogen Sulfide Odor (CI) x Drainage Pattems (B10) —High _ x Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (B16) — Water Marks (131) _Presence of Reduced Iran (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (B2) Recent Iron Reduction in Titled Soils (C6) _Crayfish Burrows (C8) Drift Deposits (B3) 'Other Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (B4) [Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (B5) _ Geomorphic Position (D2) x inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water -Stained Leaves (139) _Micmtopographic Relief (D4) Aquatic Fauna (813, X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes x No Depth (inches): 1 Water Table Present? Yes x No Depth (inches): Saturation Present? Yes x No Depth (inches)- Wetland Hydrology Present? Yes X No (includes capillary €singe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Pint: Wet 1 Absolute Dominant Indicator Tree Stratum (Plot size: j % Cover Species? Status Dominance Test worksheets 1- Number of Dominant Species 2_ That Are OBL, FACW, or FAC: 4 (A} 3. Total Number of Dominant 1. Species Across All Strata: 4 (B) 5_ Percent of Dominant Species 6. That Are OBL, FACW, or FAG- 100.0% (AIB) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover- 20% of total cover: OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plat size- } FACW species 100 x 2 = 200 1_ FAG species 0 x 3= 0 1 FACU species 0 x 4= 0 3. UPL species 0 x 5 = 0 4. Column Totals_ 100 (A) 200 (B) 5. Prevalence Index = E/A = 2,00 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8, X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is 53.0' =Total Cover ^4 - Morphological Adaptations' (Provide supporting 50% of total cover. 20% of total cover data in Remarks or on a separate sheet) Herb Stratum (Plot size: 1110 acre } _ Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effuses 20 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2_ Carex spp. 40 Yes FACW present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Eutrochium frslulosum 20 Yes FACW 4. Impatiens capensis 20 Yes FACW Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of fi height. 7- Sapling/Shrub — Woody plants, excluding vines, less 8_ than 3 in. DBH and greater than or equal to 328 It 9 (1 m} tall. 10, Herb — All herbaceous {non -woody} plants, regardless 11 of size, and woody plants less than 3.28 ft tall. 100 =Total Cover Woody Vine — Aft woody vines greater than 3.28 It in 50% of total cover. 50 20% of total cover_ 20 height_ Woody Vine Stratum (Plot size: } 1. 2. 3. 4_ 5. Hydrophytic =Tots# Cover Vegetation 50% of total cover. 20% of total cover. Present? Yes X No Remarks- (include photo numbers here or on a separate sheet.y ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 SOIL Sampling Point Wet 1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Rarriarks 0-10 10YR 511 10YR 316 40 Loamv/Clavev Type: C=Concentration, D=depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) _ Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) —Sandy Mucky Mineral (S1) —Sandy Gleyed Matrix (84) —Sandy Redox(S5) _ Stripped Matrix (S61 Dark Surface (S7) Restrictive Layer (if observed). Type= Depth (inches): Remarks: _ Poiyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) _ Redox Dark Surface (K) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Iran -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location. PL=Pore Lining, M=Matrix. Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 149) _ Piedmont Floodptain Soils (F19) (MLRA 136, 147) _ Red Parent Material IF21) (outside MLRA 127, 147, 148) _ Very Shallow Dark Surface (F22) Other (Explain in Remarks) 31ndicators of hydropnytic vegetation and wetland hydrology must he present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers OMS Control#: 0710-0024, Eup:t113012024 WETLAND DETERMINATION DATA SHEET - Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT. See ERDCIEL TR-12-9; the proponent agency is CECW-CO-R (Au0mrity. AR 335-15, paragraph 5.2a) Project/Site: Williams ROW at Yank Road CitylCounty: Summerfield/Rockingham Sampling Date: 4127/23 Applicant/Owner-_ State: NC Sampling Point: Up 1 Investigator(s): GMJ, EFH Section, Township, Range: Landform (hillside, terrace, etc_): Local relief (concave, co9vex, none): Slope Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: Long: Datum: Soil Map Unit Name: NW I classification: Are climatic 1 hydrologic conditions on the site typical for this time of year? Ycs X No (If no, expla-.n in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Sail or Hydrology naturally problemaifc? (if needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydmphytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks - HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) Surface Soil Cracks (66) Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (68) High Water Table (A2) _ Hydrogen Sulfide Odar (C1) _ Drainage Patterns (816) _Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B1fi; _ Water Marks (B1) _Presence of Reduced Iron (C4) Dry -Season Water Table (C2) Sediment Deposits {62) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8) TSaturation _Drift Deposits (83) Thin Muck Surface (C7) Visible on Aerial Imagery (C9) Algal Mat nr f:nrct (114) Other (Explain in Remarks) _ Stunted or Stressed Plants (Di ) Iron Deposits (135) _Geomorphic Position (132) —Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) —Water-Stained Leaves (89) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont - Version 2_0 VEGETATION (Four Strata) —Ilse scientific names of plants. Sampling Point: Up 1 Absolute Dominant Indicator Tree Stratum (Plot size: } % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are 08L, FACW, or FAG- 1 (A) 3. Total Number of Dominant 4- Spceics Across All Strata: 4 (B) 5- Percent of Dominant Species 6. That Are OBL, FACW, or FAG: 25-0% (AIB) 7- Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total coven 20% of total cover: 08L species 0 x 1 = 0 Sanlino/Shrub Stratum (Plot size: } FACW species 0 x 2 = 0 1- FAG species 20 x 3 = 60 2- FACU species 60 x 4 = 240 3- UPL species 20 x 5 = 100 A Column Totals: 100 (A) 400 (B) 5- Prevalence Index = WA = 4-00 6. Hydrophytic Vegetation Indicators: 7- _ 1 - Rapid Test for Hydrophylic Vegetation S. 2 - Dominance Test is >50% 9. _ 3 - Prevalence Index is s3.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size- 1110 acre } Problematic Hydrophytic Vegetation' (Explain} 1. Rubus canadensis 20 Yes UPL 'Indicators of hydric soil and wetland hydrology must be 2. Phalaris aqualica 20 Yes FACU present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Festuca spp- 40 Yes FACU 4. Liquidam6ar sfyraci"lua 20 Yes FAC Tree — Woody plants, excluding vines, 3 in- (7-6 cm) or 5, more in diameter at breast height (DBH), regardless of 6 height. 7- Sapling/Shrub—Woody plants, excluding vines, less g- than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10- Herb — All herbaceous {non -woody} plants, regardless 11 of size, and woody plants less than 3.28 ft tall. 1 Do =Total Cover Woody Vine — All woody vines greater than 3.28 ft in 50% of total cover: 50 20% of total cover: 20 height. Woody Vine Stratum (Plot size: } 1- 2. 3. 4- 5. Hydrophytic =Total Cover Vegetation 50% of total cover = 20% of total cover_ Present? Yes No X Remarks- (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 SOIL Samplong Point_ Up 1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (~hoist) % Color (moist) % Type' Loc2 Texture Remarks 0-12 10YR 414 1 DYR 516 50 Loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains Hydric Soil Indicators: Histiosol (Al) Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A71) Thick Dark Surface {Al2) —Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) —Sandy Redox (S5) _Stripped Matrix (S6 Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (IVILRA 147, 148) _Loamy Mucky Mineral (F7) (MLRA 136) _Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbnc Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Location.- PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soiis3: 2 cm Muck (A10', (MLRA 147) _—Coast Prairie Redox (A16) (MLRA 147, 148) _Piedmont Floodp lain Soils (F19) (MLRA 136, 147) Red Parent Material (F21) (outside MLRA 127, 147, 148) —Very 5halfow Dark Surface (F22) Other (Explain in Remarks) 31ndicators of hydrophytic vegetation and wetland hydrology must he present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4. JUL 2018 Eastern Mountains and Piedmont — Version 2.0 Impact Sheets AMERICAN LAND CONCEPTS 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410) 526-2688 / / P xistin/g Maintained /RbW (120') mac, Prop99 nvert "�� Q1�' 62 o/ ' E1=93.2'±' �O �QP ,Proposec .� Elev.= � NORTH SCALE: 1'=30' Z E)Cp d Pipeli e Pr po ; Invert »16Proposed Invert Elev.=90.4'± Existing and" Proposed Stream khvert ^ Elev.g89.3'+/- Emergent v We nds4' \1p / \ bo^/ Exppsed Pipeline �W t 1 /� b° P°> ^/ EJ6.=90.6'± i U 1 , }an , O O , The proposed activities shown above to stabilize the strearr and provide cover over the pipelines will impact NWP 18 IMPACTS Intermittent Stream Impacts approximately 130+/- LF (375+/- SF) of intermittent stream. Approximately 2.4 CY of fill will be placed below the OHWM. TRANSCO ROW at Trib to Troublesome Creek June 2023 Conceptual Stream Stabilization Plans , _ to b !� � ea, LjV RH nTy m �A ��w �n � � k � � chi-C cMMNVA J�Oy rF- > c o ❑ o FV �d V� ryp4Q o o°? °' F anal I tg on o o r 71 .y Y R y au c tij yrt fn , 'R Gq ,� o N o �. „ eo 3 �7 Few > °T.° >rt V]C'j to tD �� o oxi x v - �D gas- \ x tiIb O� \ V \ A$,� `\\\ w \ 0 U N \\ w` LU ` o \ �'\ > 0 I o is o o o ` F 75� a` t p L N 'O cy3 S ti 4= G S .' r N v '.>.+ N? N � �' �� O m O FT,p U= v U � v q l.7 Y� F a~O. G ccc3 Ol •O � ° v o k vuay en 3 dam ar 00 E caF bu o o u eC p > N +- Op ,�. O h '� k •Oi w -K w bll i N L = bpD .O. O D 6 _ h G i.- In ❑M M-a n� o 'b o u o x � A � � u. � � > � s u � + � 'v � � r -o � 'o vp 5 o g .°p o � .p• u, a' E' ti 6� sp. 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W +I \ � ID pO II aIZZ � a � '•� II \\ �9 a= 2. u o 0 \ M T N N404 41 1.3 �'\ > F M LU u N U o Z Z ou 5� zw� p QW N JFZT ZN�o U¢N I1JmNZ QNK2 0 L� � Lf1 <t O m 0 L-, N 0 L� L� 0�0�9 V N0��9�*NO v� G` 0 O _ >> F 0IL s 0 3 0 0 > .a U O> c u O (n 7 a z-" 3 v' as �' � � ° � U •� con ,- O U N N ctl a r N U N N a to z O LU O O A o °o 0 3 U o - � CL Q U Nn o c c n 5 v c 0 3 m N '� 4i N eC N ' �, eC O cG C.7 y W LLJ W Ly O N G,' a N N p o n o I ' 2. ��o ao azo�a LLJ W V O eC cG NCB' LL1mFZ > L o C N UvZ4 mWwa vF w° G � ' � U W C�� a� r v UW 0 L� L� O O Q m O Kl N � N �C� _ m N � � L � X L7 L7 O�O�o�cv0�0�9� NO JM3�lN�l,3Illy?11G03''O 01+0 oe c o� +o cry � -o 'n3 a cv 5 O£+0 + HJ aUIUIL'W +"Afl Ob+O 5 r+' HJ � L OG+O oe+o 06+0 x_ u m OI+I OZ+I U7 N � W W � y w o�os�:vo�o��r voOt+I ommmmmro�oa��� USFWS Documentation United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0098631 Project Name: Transco ROW @ Trib to Troublesome Creek e x hSai k 4YYFJiYJft +cfln7i� i� June 28, 2023 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 final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The 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.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that 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. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed 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 06/28/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major 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)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that 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. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), 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 U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 06/28/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 06/28/2023 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: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 06/28/2023 PROJECT SUMMARY Project Code: 2023-0098631 Project Name: Transco ROW @ Trib to Troublesome Creek Project Type: Pipeline - Onshore - Maintenance / Modification - Below Ground Project Description: Existing pipeline maintenance and stream stabilization of the unnamed tributary to Troublesome Creek. Erosive conditions have resulted in two pipelines to become exposed and are currently holding the stream invert. Stabilization of erosvie conditions will involve constructing step -pool systems within the routinely maintained ROW to raise the stream invert, maintaining the grade across the ROW and mimimizing future erosion and sediment transport. The step -pool system will create natural riffle - pool scenarios downstream of the exposed pipelines. No trees will be removed for the proposed maintenance and stabilization. Timing of construction is late summer 2023. Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)36.27978615,-79.88060446379717,14z Counties: Rockingham County, North Carolina 06/28/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 2 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 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 06/28/2023 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. NAME BREEDING SEASON Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug This is a Bird of Conservation Concern (BCC) throughout its range in the 25 continental USA and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the 31 continental USA and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. 06/28/2023 NAME BREEDING SEASON Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep This is a Bird of Conservation Concern (BCC) throughout its range in the 10 continental USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 to This is a Bird of Conservation Concern (BCC) throughout its range in the Aug 31 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: 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( ) 06/28/2023 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. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Chimney Swift BCC Rangewide + �� + ++ +++ 111 HNRK-A11111110161 '''' + '� +� (CON) Prairie Warbler BCC Rangewide �� � ++++ ++�� ++++ ++" " — ��� ++— 1 Jill (CON) ' Prothonotary WWarbler ++++ Jill Rill �" Jill —�—� ++++ BCC Rangewide (CON) Red-headed Woodpecker +' 1'�� 1+ ' 1,11 1�-- ++ + .■+ 11 11�'+1 Jill"fi'�'� BCC Rangewide (CON) Rusty Blackbird ++'+ ++.. ++'+ +,++ +--- ++—+ ++++ ++—+ BCC-BCR Wood Thrush BCC Rangewide (CON) 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-mi rator. 06/28/2023 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 06/28/2023 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 06/28/2023 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. 06/28/2023 IPAC USER CONTACT INFORMATION Agency: American Land Concepts Name: Natalie Snyder Address: 238B Main Street City: Reisterstown State: MD Zip: 21136 Email nsnyder@americanlandconcepts.com Phone: 4105262688 Historic and Prehistoric Cultural Resources Map AMERICAN LAND CONCEPTS, INC. 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410)-526-2688 RK1241 RK1255 Tom Fuquay Farm *64�D ■ 2003 _..� RK1254 Baker House CID z ROCKINGHAM NC SHIPO MAP north SCALE: 1"=1,000' P D McCollu Farm Transcontinental Gas Pipe Line Company LLC, at Tributary to Troublesome Creek Rockingham County, North Carolina June 2023 ROW Recorded Deeds J L 9 e LINE NO. No h Carolina 5-49 RIW . NO.NG. 3- The i xere.t of the rrrantee in the nrovertr covered hereby nd i all vine Linea artd other fad itlu or imro pvement. which may be erected o net+lled o or i urh pronrrtr ahaH be subirct to Lhc lien of xb. Morttt.Re and Deed of T—tt datsdn May 15= 19". from Tr.n.- _ ro t-ental Gas Pipe Line Corporation to The Chas National Hank of the Cloy of Deer York and Carl E. Huck]ey, .. Trustees. +which has heretofore been filed for record in the county ,n wlileh the property cowered hereby i. siw.ted- RIGHT OF WAY AGREEMENT STATE OF NORTH CAROLINA COUNTY OF Rockingh KNOW ALL MEN BY THESE PRESENTS: That the undersigned, S- A. Wasihisurn A jl raL S. Z e A. W88bbUrn— hnAb nA and tiife (hereinafter called GRANTOR, whether one or more), for and in consideration of 1r11T+r-11Fi1 nw n nd nn /1 f]d- - - _ - _ _ - - - .. - .. - .. - _ _ - _ _ Dollars ($ J;Q ,ZQ ) cash in hand paid, receippt of which is hereby acknowledged, does hereby grant, bargain; sell and convey unto TRANSCONTINENTAL GAS PIPE LINE CORPORATION, a Delaware corporation, its successors and assigns, (hereinafter called GRANTEE), a right of way and easement for the purposes of laying, constructing, main - operating, repairinK,gLtg�g, replacing and removing pipe lines (with valves, regulators, meters, fittings, appli- ances, tie-overs, and appurtenant facilities) for the transportation of gas, oil, petroleum products, or any other liquids, gases, or substances which can he transported through a pipe line, the Grantee to have the right to select the route (the laying of the first pipe line to constitute the selection of the route ,by the Grantee), under, upon, over, through and across the lands of Grantor, situated in the County of lnak-np,�M ��, State of North Carolina, described as follows: The tract of land herein described being composed of two tracts one known as the % We Wall place containing 28 acres, more or less, hounded on the South by the lands of Joseph Snyder; on the West by the lands of P. D. McCollum; on the North by the 27 acre tract hereinafter described and on the East by the lands of Me L. Wall. The other tract adjoining the above named tract on the North; the lands of P. D. McCollum on the West; Sam A. McCollum estate on the North; M. L. Hall on the East and the first named tract (28 acres) on the South. The lands herein described being the same lands conveyed to P. H. Joyner and wife, Essie Toyner, by deed dated July 2nd, 1934, recorded in Deed Book 282, at page 524 in the office of the Register of Deeds of Rockingham County. Being all or part of,land described in Warranty Deed dated gar. 3, 1937 and recorded in Book 300 at page 97 in records of Rockingham County, N. C. ----Mn� � t!—em eves, etiF ei s; executors aa�administrators (and successors and assigns} to warrant and forever defena all and eingolar said premises unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The Grantee agrees to bury all pipe lines so that they will not interfere with the cultivation of the land, and also to pay for any damages to fences, improvements, growing crops and timber which may arise from laying, constructing, altering, repairing, removing, changing the size of and replacing such pipe lines; said damage, if not mutually agreed upon, to be ascertained and determined by three disinterested persons; one to be appointed by the undersigned Grantor, his successors, heirs or assigns; one by the Grantee, its successors or assigns; and the third by the two persons aforesaid, and the written award of such three persons, or any two of. them, shall be final and conclusive. Any payment hereunder may be made direct to the Grantor, or, at the option of Grantee, such payment may be made by depositing the same in Runk,at f� the joint credit of Grantor, said bank, and its successors, being hereby designated as the de�,ppository for such purpose, irrespective of any future change in the ownership of the lands hereinabove described. Shoukt there be any change in the ownership of the said lands, then such deposit may be made in the aforesaid depository 'to the joint credit of those acquiring said lands, but no change in ownership of said lands shall he binding upon Grantee until the muniment of title by which such change becomes effective has been placed of record in the County wherein ijueh lands are located and a certified copy therm{ delivered to Grantee. It is agreed that this grant covets all the agreements bAween the parties and no representations or statements, verbal or written, have been made, modifying, adding to, or changing the terms of this agreement. ]N ST NY WH� EREOF, the Gr ntor,haVlg_hereunto sefiheirhand -A_ and ae�_this P day of . J (Seal) J L-9 LINE NO. No h Carolina 5-49 R/W NC } u W. O. NO. 01701 The intesBt of the grantee in the proreety eonered hereby and in all pine lines and other laeilitiea or improvennents which may be erected or installed on or in Buell nrm*rtr ahak be suWeet to she lien of the Murtir"t and Geed of Trust dated May 16. 1949, from Trans. tinentai Gsa Pipe blue Corporation, to The Ch." National Bank of the Citr of New York and Car] E. Buckley. as Truaeeer, which has heretofore been filed for r.eord in the county ,n which the property evvsrod hereby ie situnted. RIGHT OF WAY AGREEMENT STATE OF NORTH CAROLINA ' COUNTY OF Rook ajk�= KNOW ALL MEN BY THESE PRESENTS: That the undersigned, I@ V9101111= Ift8. Tyie A- NMhbnrn- 109 aar n d And nit •fill (hereinafter called GRANTOR, whether one or mare), for and In consideration of Be — Dollars (s 5_9a00 cash in hand paid receipt of which is hereby acknowledged, does hereby grant, bargains sell and conv ff unto TRANSCONTINENTAL GAS PIPE LINE CORPORATION, a Delaware corporation, its successors and -- - •• -- • .. --I — � nvd-^^ _ ^ e--.A lL—i— Atrn rtirur_ main. -- There is included in this grant the right, from time to time, to lay, construct, maintain, operate, alter, repair, remove, change the size of, and replacey_ a more additional lines of pipe approximately parallel with the first pipe line laid by Grantee hereunder; but for any such additional line so laid the Grantee shall pay Grantor, or the depository hereinafter designated, a sum equivalent to One Dollar ($1.00) per lineal rod of such additional line, or such proportionate part there- of as Grantor's interest in said lands bears to the entire fee, within sixty (60) days subsequent to the completion of the construction of such additional line. The Grantee shall have all other rights and benefits necessary or Convenient for the full enjoyment or use of the rights herein granted, including, but without limiting the same to, the free and full right of ingress and egress over and across said lands and other lands of the Grantor to and from said right of way and easement, and the right from time to time to cut all trees, undergrowth and other obstructions that may injure, endanger or interfere with the construc- tion, operation, maintenance and repair of said pipe lines, The Grantee shall have the right to a sitl07-this grant in whole or in part. TO HAVE AND TO HOLD said right of way and easement unto said Grantee, its Successors and assigns, until such first pipe line he constructed and so long thereafter as a pipe line is maintained thereon; and the undersigned hereby bind themselves, their heirs, executors and administrators (and successors and assigns) to warrant and forever defend all and singular said premises unto the Grantee, ita successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The Grantee agrees to bury all pipe lines so that they will not interfere with the cultivation of the land, and also to pay for any damages to fences, improvements, growing crops and timber which may arise from laying, conatme ing, altering, repairing, removing, changing the size of and replacing such pipe lines; said damage, if not mutually agreed upon, to be ascertained and determined by three disinterested persons; one to be appointed by the undersigned Grantor, his successors, heirs or assigns; one by the Grantee, its succefrsom or assigns; and the third by the two persons aforesaid, - and the written award of such three persons, or any two of them, shall be final and conclusive. Any payment. hereunder may be made direct to the Granter, or, at the option of Grantee, such payment may be made by depositing the same in $alit, a the joint credit of Grantor, said bank, and its successors, being hereby designated as the d�0yository for such purpose, irrespective of any future change in the ownership of the lands hereinabove deseribed. Should there be any change in the ownership of the said lands, then such deposit may be made in the aforesaid depository to the joint credit of those acquiring said lands, but no change in ownership of said lands shall be binding upon Grant&-e until the muniment of title by which such change becomes effective has been placed of record in the County wherein fuch lands are located and a certified copy thereof delivered to Grantee. It is agreed that this grant covers all the agreements between the parties and no representations or statements, verbal or written, have been made, modifying, adding to, or changing the terms of this agreement, 1N ST NY WUREOF, the Gr ntor;L__baVL_hereuntc setFhatrhandZ_and seagL—this �E day of WITN (Seal) Seal •A.�i� :iii: .itnti ;.{41.• .• "Y•.,� .•.. (Seal) AA�M�-^�.---^--^"ice }-�'iLT�s—t=•,c=^��" Q 1 STATE OF NUITH ROL A COUNTY OF a Notary Public, Z; atnty No C rolma, hereby certifytha personally appeared before me this day and each acknowledged the n f the foregoing ht of Way Agreement Witness my hand and otarial seal this theday of l9 347 commission expires (Seal] Notary Pu is STATE OF NORTH CAROLINA j OF 11. , Notary Public of North Carolina, do hereby certify that came before me this day and acknowledged that he is (SVreta W Or AssiJtant Secretary) _ County, personally of . 11 - s . «. , a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its sealed with its corporate seal and attested by himself as its (President or Vice -President) (Secretary or Assistant Secretary) My Commission expires Witness my hand and notarial seal, this the (Seal) day of , 19 . Notary Public. STATE OF NORTH CAROLfNA COUNTY OF$OCIiiHaj�pu The foregoing certificate of a Notary Public of ROCKINGHAM Cu6gfy, North Carolina, is adj to be in due form and according to law. Let the aforesaid Right o ay Agr ment and the c ficate be registered. T}uy day 11 i Clerk of Superior Court t of ROCKINGHAM County, North Carolina. By Deputy C.S.C. Filed for registration on the _a, day of and recorded in the Office of the Register of Deeds of in Hook 403- , Page 2 ! (mil) 19m�—at I, " 1 a'ei M., I ;HA4 County, N. C., t WAY Register of Deeds AURN M .AND DrpApTA4ENT """ �1YSTIIJCrp MgQ4 Nf AS, OR INC P. D. sox+ pn2�lYF W'"ftyft houtroN 1, TEX" L_9 LINE NO. — North Caroh 5-49 I R/W NO, 1 W, C. NO. I The intere.t of the arantee in the rromirty covered hereh and in All r p r pine lines and ocher I �tilim yr �m9royrmrnl. whirh m.y he everted n.talled .uch nr'.Pertr xha!] be euhieet to the lien f the MortKaae and Deed o[ Tru.t dxlyd Mxy is 19e 9, from Trans• continrvlal G.s Pipe Li n� Carpor.tlon to The Chnae Nations] Sank of the,City of New York and C.rl E. Buckley, as T—tee.. which has heretofore been filed for record in the county in which the nronerty covered hereby is situated. RIGHT OF WAY AGREEMENT STATE OF NORTH CAROLINA COUNTY OF Roc}�inl?hakl KNOW ALL MEN BY THESE PRESENTS: That the undersigned, R'3508 T. AiMP30n,_ a Vf tif~1 (hereinafter called GRANTOR, whether one or more), for and in consideration of 0 — — — — — — — Dollars [0 cash in hand paid, receipt of which is hereby acknowledged, daea hereby grant, bargain, sell and convt unto TRANSCONTINENTAL GAS PIPE LINE CORPORATION, a Delaware corporation, its successors and assll�ns, (hereinafter called GRANTEE), a right of way and easement for the purposes of laying, constructing, main- taining, operating, repairing, altering, replacing and removing pipe lines (with valves, regulators, meters, fittings, appli- ances, tie-overs, and appurtenant facilities) for the transportation of gas, oil, petroleum products, or any other liquids, gases, or substances which can be transported through a pipe line, the Grantee to have the right to select the route (the laying of the first pipe line to constitute the selection of the route by the Grantee), under, upon, over, through and across —_ the IAnds of Grantor, situated in the County of RR0OkJJ1"§A — , State of North Ctrolina, described as follows: FIRST TRACT: Bounded on the North by the lands of Essie 'Truitt Simpson (formerly Spencer Truitt); bounded on the east by the lode of Essis Truitt Simpson (formerly Spencer Truitt); bounded, on the south Iy the lands of P. A. McCollum. (formerly P. H. Simpson, and the estate of Cd. L. Price, deceased); bounded on the west by the lands of Mrs. R. B. Baker (formerly P. H. Simpson); and containing 10 acres, more or less and being known as the Harrison Lee - Truitt home tract, and being the salve lands described in deed recorded in deed book 193, at page 35, Office of the Register of Deeds fa Rockingham County, North Carolina, to which reference is hereby made for futther description. SECCIM TRACT: BEGINNING at a stone running west 74 poles to pointers in P. D. McCullum's line; thence north 471 poles to a white oak standing on the north side of the branch; thence east 74 poles crossing the branch and one fork of Tacob's creep to a cluster of dogwoods; thence south 47o a1es tothe first station and containing by estimation 22,acres of land ma or less and known as the Tames Simpson tract of land. See deed of record in the office of the Register of Deeds of Rockingham County Book 243 page 330. THIRD TRACT: First: BEGINNING at a white oak Josiah F. Taylor's corns thence south 3 deg. west 90 poles to a stone formerly a black ask and sour w od, Polly Lomax's corner; thence east. with P. H. Si.mAson's line crossing a branch 35 poles and 20 links to a stone; thence north 3 deg. east 10 poles to a stump and stone in said Taylor's line; thence viest 35 poles and 20 links'to the beginning, and containing twenty (201 acres and 22 poles of land, More or less. Second: BuGINiTING at two white oak saplings Henry Lomax corner on Spencer G. Tr�'s line; thence north with said ling 75 poles to a black oak; thence vest 95 poles to a post oak; thence south 89 poles to a white oak on James T. Simpson's line; thence east 35 poles to a post Oak; thence north 14 poles to sour wood, Henry Lomax's corner; thence east with his li,zz}}e 60 poles to the first station and containing fifty (50) acres, more or ldss. Being all or part of land described in Warranty Deed dated Nov, 18, 1940 and recorded in Book 342 at page 77 and Warranty Deed dated Aug. 6, 1942 and recorded in Book 31+7 at page 78 and Warranty Deed dated Jan. 1, 1934 and record- ed in Book 285 at page 290 in records of Rockingham County, N. C. J s (Seal] (Seal) ,Isis fa 3 '4 xdtrl jft r STATE OF N 1 COUNTY OF H AHOL f Of county, �North C� do hererertify 3 r , a Notary Public, personally appeared before me this day and each acknowledged the ex on f the foregoing fight of Way Agreement. Witness my hand an otariari�al t 's the day of 19_ _i My commission expires 5� ' p/v �r (Seal) Notary Public SLATE OF NORTH CAROLINA COUNTY OF I, , Notary Public of County, North Carolina, do hereby certify that personally came before me this day and acknowledged that he is ` {y�re#ary orAsgistant $ecretary�J . of , a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument wag signed in its name by its - ,sealed with its corporate seal and attested by himself as its (President or Viet -President) (Secretary or Assistant Secretary) My commission expires Witness my hand and notarial seal, this the {Seal) STATE OF NORTH CAROLINA COUNTY OF RUaxTur.HAu day of Notary Palate. The foregoing certificate of a Notary Public of ROCKINGHAM County, North Carolina, is dged to he in due farm and according to law. Irt the aforesaid Right of Way A e_ement and the et 6ttificate be reglatered Thi da n19/ . !! Clerk of Superior Court Of ROCKINGHAM County, North Carolina. By I)cputy C.S.C. Filed for reglatration on the day of 191W at ! Le a'einu� U., and recorded in the Office of the Register of Deeds of ROCKINGHAM County, N. C., in Book 401 , page 279 . V , ti (Seal) 'keglster Of Deeds RETURN TO-. LAND DEPARTMENT FISH CONSTRUCTORS, INC. ACTING AS AGENT FOR WNWTIHENTAL GAS PIPE LINE CORFQR 710A Ip.0, 90k 202 HOUSTON T, TEYAS LINE NO. 7-•1C10 There is included in this grant the right, from time to time, to lay, construct, maintain, operate, alter, repair, remove. change the size of, and replace one or more additional lines of pipe approximately parallel with the first pipe line Said by Grantee hereunder; but for any such additional line so laid the Grantee shall pay Grantor, or the depository hereinafter designated, a sum equivalent to one Dollar ($1.00) per lineal rod of such additional line, or such proportionate part there- of as Grantor's interest in said lands bears to the entire fee, within sixty (60) days subsequent to the completion of the construction of such additional line. The Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including, but without limiting the same to, the free and full right of ingress and egress over and across said lands and other lands of the Grantor to and from said right of way and easement, and the right from time to time to cut all trees, undergrowth and other obstructions that may injure, endanger or interfere with the construc- tion, operation, maintenance and repair of said pipe lines. The Grantee shall have the right to assign this grant in whole or in part. TO HAVE AND TO HOLD said right of way and easement unto said Grantee, its euecessors and assigns, until such first pipe line be constructed and so long thereafter as a pipe line is maintained thereon; and the undersigned hereby bind themselves, their heirs, executors and administrators (and successors and assigns) to warrant and forever defend all and singular said premises unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The Grantee agrees to bury all pipe lines so that they will not interfere with the cultivation of the land, and also to pay for any damages to fences, improvements, growing crops and timber which may arise from laying, constructing, altering, repairing, removing, changing the size of and replacing such pipe lines; said damage, if not mutually agreed upon, to be ascertained and determined by three disinterested persons; one to be appointed by the undersigned Grantor. his successors, heirs or assigns; one by the Grantee, its successors or assigns; and the third by the two persons aforesaid, and the written award of such three persons, or any two of them, shall be final and conclusive, Any payment hereunder may be made direct to the Grantor, or, at the option of Grantee, such payment may be made by depositing the same in Bank, at the joint credit of Grantor, said bank, and its successors, being hereby designated as the depository for such purpose, irrespective of any future change in the ownership of the lands hereinabove described. Should there be any change in the ownership of the said lands, then such deposit may be made in the aforesaid depository to the joint credit of those acquiring said lands, but no change in ownership of said lands shall be binding upon Grantee until the muniment of title by which such change becomes effective has been placed of record in the County wherein such lands are located and a certified copy thereof delivered to Grantee. It is agreed that this grant covers ull the agreements between the parties and no representations or statements, verbal or written, have been made, modifying, adding to, or changing the terms of this agreement, IN EEPEOF, the G ntor—ha hereunto set ALA —hand —and seal —this day of {�I, 19 WIYNESS: Y A. i T L, 91 \ IR (Sealy (Seal) ry�" I r STATE OF N H AROL N ) COUNTY OF j or tr, North �rlim, do lw�'L_Se rli l , a Notary Public, personally appeared before me this day and each acknowledged the ex on f the foregoing P ht of Way Agreement. Witness my hand un4finotarial al t 's the day of 19 D47 eomtnis®ion czpfe' / tea. (Seal) Notary Public ;S'g► TYFONORTH CAROLINA j t 1, , Notary Public of County, North Carolina, do hereby certify that personally came before me thin day and acknowledged that he is (Secretary or Assistant Secretary) of a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ,sealed with its corporate seal and attested by himself as its (President or Viet -President) [Secretary or Assistant Secretary] My commission expires Witness my hand and notarial seal, this the day of (Seal} Notary Puhl3c. STATE OF NORTH CAROLINA COUNTY OF R0CKTKrHAj! The foregoing certificate of a Notary Public of ROCKINGHAM County, North Carolina, is dged to be in due form and according to law. LPt the aforesaid Right of ay A eegent and the ce tificate be registerod� Thi da Clerk of Superior Court of RDCKINGHAM County, North Carolina. By . Deputy C.S.C. Filed for registration on the -— day of 19.w 2 at 11, a'elackr!t�)>[., and recorded in the Office of the Register of Deeds of ROCKINGHAM County, N. C., in Book 401 , Page 779 (Sealy Register of Deeds RETURN TO. LAND DEPARTMENT FISH CONSTRUCTORS, INC. ACTING AS AGENT FOR WN5C 71NENTAE W PIPE LINE Cf]RPMTlDx P.O. BOX 202 "OUSTON 1, TEYAS 91 • L- LINE NO-2--10 th Carolina 5-49 R/r NO, W. 0. NO. 1 ' The into at of the Yra ntee i the property eorered hereby nd in all Dire lines anA other r facilities or improvements which may be eretird or jn9talh r a h propert>✓ chap he -biect to the lien of the Mortxa�re and Used of Trust dated Mar 15. 1919. from Trana- c.ntlnrni4l Gas Pine Line Corporation [o The Chsse National Bank of the City of Near York and Carl E. Buckley: at Truatera, which has hrretoforr, been filed for record in the County in which the property covered hereby is .i'tvneed- RIGHT OF WAY AGREEMENT STATE OF NORTH CAROI.INA couNTY OF Rockina�ham KNOW ALL MEN BY THESE PRESENTS: That the undersigned, F- 1+ 1tC7 1lmt, a single man (hereinafter called GRANTOR, whether one or more), for and in consideration of mnt7-1a►o and n0A00- - - - - - - - - - _ " - " Dollars ($ 22-00 ) cash in hand ppaid, receippt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto TRANSCONTINENTAL GAS PIPE LINE CORPORATION, a Delaware ewporatwn, ita successors and assigns, (hereinafter called GRANTEE), a right of way and easement for the purposes of laying, constructing, main- taining, operating, repairing, altering, replacing and removing pipe lines (with valves, regulators, meters, fittings, appli- ances, tie-overs, and apppurtenant facilities) for the transportation of gas, oil, petroleum products, or any other liquids, gases, ar substances which can be transported through a pipe line, the Grantee to have the right to select the route (the laying of the first pipe line to constitute the selection of the route by the Grantee), under, upon, over, through and across FIRST TRACT: BEGINNIN'G'at a black oak, Lomax's southeast corner on Massay's north boundary line; running thence on said Massey's line west crossing one branch 140 poles to a large black oak on Lomax's east boundary line; thence on same north 50 poles to a sloping, black oak;•thence most 40 poles to a black oak; thence north crossing one branch 50 poles to a hictory grub on S. G. Truitt's tins; thence east on the same line 180 poles to a dead black jack on Lomaxts west boundary line; thence on, the same south 100 poles to the beginning, containing 100 acres, more or less. Second Tract: BEGMZM at a stone on the east bank of a branch in Spencer Truitt's line and the corner of Lot No. 7; thence south,89 deg. east with Harrison Truitt's line 144 poles to a stone and pointers in the line of the heirs of H. P. Lomax, deceased; thence south 3 dog. west with said Lomax line 33 pales to a stone, P. H. Simpson's corner; thence south 87 deg. west with P- H. Simpson's line 144 'poles to Spencer Truitt's corner; thence North 3 deg. east with said Truitt's line 27-i/4 poles to the first station, containing 27-1/3 acres, more or -less. Being all or pant of land described in Warranty Deed dated Jan. 5, 1937 and recorded in Book 296 at page 577 in records of Rockingham County, N. G. altering, repairing, removing, changing the size of and replacing such pipe lines; said dampge, if not mu u�f ally agree" -- upon, to be ascertained and determined by three disinterested persons; one to be appointed by the undersigned Grantor, his successors, heirs or assigns; one by the Grantee, its successors or assigns; and the. third b## the two persons aforesaid, and the written award of such three persons, or any two of them, shall be final and conclusjve. Any payment hereunder may be made direct to the Grantor, or, at the option of Grantee, such payment may be made by depositing the same in Bank, ;o the joint credit of Grantor, s#id bank, and its successors, being hereby deaignated as the depository for such purpose, irrespective of any future change in the ownership of the lands hereinabove described. Should there he any change in the ownership of the said landa, then such deposit may be made in the aforesaid depository to the joint credit of those acquiring said lands, but no change in ownership of said lands shall be binding upon Grantee until the muniment of title by which such change becomes effective has been placed of record in the County wherein such lands are located and a certified copy thereof delivered to Grantee. It is agreed that this grant corers all the agreements between the parties and no represerrtations or statements, verbal or written, have been made, modifying, adding to, or changing the terms of this agreement. 1N TEST]MONY WHEREOF, the Grantor—haA hereunto sct-JLj, _ hand —and Real _th!a—Site-day Of _ Aftebfi? , i 9 -A&L. ►�,ll�i�� y f% (Seal) (Seal) 1 I S7q (Seal) L LINE NO.7-3 0 h Carolina 5-49 11 NO. W. O. NO. The interest of the grantee i the proWrtr envered hereby and in all oipe lima and they . f 3litiea or i.vrovementr him may be rected or - tailed r is aueh prm�ertr V. he aubjea to the lien of the Mono." ana need of TTust dstedn Mar 15, 19a9, from Trane- rontlne W Cos Pipe Line Corporation to The Chase National Hank of the City of New York and Carl II II ea Trutteea, -h.h h. heretofore been filed for record In the county in which the property covered hereby is situated. r RIGHT OF WAY AGREEMENT STATE OF NORTH CAROLINA 4 cOUNTY of ,_Rockinatham KNOW ALL MEN BY THESE PRESENTS: That the undersigned, �+ ]Ilof3t]"Un" a 812416- MOM t Them is included in this grant the right, from time to time, to lay, construct, maintain, operate, alter, repair, remove, change the size of, and replace one or more additional lines of pipe approximately parallel with the first pipe line Iaid by Grantee hereunder; but for any such additional line so laid the Grantee shall pay Granter, or the depository hereinafter designated, a sum equivalent to One Dollar ($1.00) per lineal rod of such additional line, or such proportionate part there- of as Grantor's interest in said lands bears to the entire fee, within sixty (60) days subsequent to the completion of the construction of such additional line. The Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of the Tights herein granted, including, but without limiting the same to, the free and full right of ingress and egress over and across said lands and other lands of the Granter to and from said right of way and easement, and the right from time to time to cut all trees, undergrowth and other obstructions that may injure, endanger or interfere with the construc- tion, operation, maintenance and repair of said pipe lines. The Grantee shall have the right to assign this grant in whole or in part. TO HAVE AND TO HOLD said right of way and easement unto said Grantee, its successors and assigns, until such first pipe line be constructed and so long thereafter as a pipe line is maintained thereon; and the undersigned hereby bind tbemselves, their heirs, executors and administrators (and successors and assigns) to warrant and forever defend all and singular said pren+ises unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The Grantee agrees to bury all pipe lines so that they will not interfere with the cultivation of the land, and also to pay for any damages to Fences, improvements, growing crops and timber which may arise from laying, constructing, altering, repairing, removing, changing the size of and replacing such pipe Iines; said damage, if not mutually agreed upon, to be ascertained and determined by three disinterested persons; one to he appointed by the undersigned Grantor, his successors, heirs or assigns; one by the Grantee, its successors or assigns; and the third by the two peraons aforesaid, and the written award of such three persons, or any two of them, shall be final and conclusive, Any payment hereunder may be made direct to the -Granter, or, at the option of Grantee, such payment may be made by depositing the same in Bank, at +o the joint credit of Grantor, said bank, and ita successors, being hereby designated as the depository for such purpose, irrespective of any future change in the ownership of the lands hereinabove described. Should there be any change in the ownership of the said farads, then such deposit may be made in the aforesaid depository to the joint credit cf those acquiring said lands, but no change in ownership of said lands shall be binding upon Grantee until the muniment of title by which such change becomes effective has been placed of record in the County wherein such lands are located and a certified copy thereof delivered to Grantee. It is agreed that this grant covers all the agreements batween the parties and no representations or statements, verbal or written, have been made, modifying, adding to, or changing the terms of this agreement. IN TESTIMONY WHEREOF, the Grantor_____ hag hereunto set ,,,kjf—hend_and seal —this —2-111.11I.-day of 6staI , 19 . /le4l� (Seal) (S-1) (Seal) (Seal) STATE OF NORTH CAROLINA � COUNTY OF Reakinoft S I' Wp,-04 .. _ .. - - a Notary Public, of RaaYlmhow -County, North Carolina, do hereby certify that _ Po -A* � VO M _ personally appeared before me this day and each acknowledged the execution of the foregoing Right of Way Agreement. Witness my hand and notarial Beal this the 2i2L4ay of [iCtabir 19 . My commission expireanee. 4, ice. (Seal) Nofary Public STATE OF NORTH CAROLINA COUNTY OF I, , Notary Public of County, North Carolina, de hereby certify that personally . came before me this day and acknowledged that he iA ( ;; ar ksaQW1e4�rxlaegi of --- --- __ , a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its (President or Vise -President] aled sewith its corporate seal and attested by hinWlf as its (secretary or Assistant Secretary) . My commission expires Witness my hand and notarial seal, this the (Seal) STATE OF NORTH CAROLINA COUNTY OF ROCKINGHAV day of , 19 Notary Public, The foregoing certificate of '� a Notary Public of ROCKiiiGliRir County, North Carolina, is adju to be in due. form and according to law. L?t the oresaid Right of Way Agreement and the `eery rate be registered. This day 9. Glerk of Superior Court of kl0�li" 1G�N}d County, North Carolina. C By Deputy C.S.C. Filed for registration on the --7- day of 19L at I1 - �' d o'clock and recorded in the Office of tht It i Ater of Deeds of f �KZ �'� County, N. C., in Book k� , page 4 (Seal) Register of Deeds AOURN TO. LEND ❑E. Ef�Ft` FISH COA ST of rNC. RC TRANSMI OF r' 0. BUX 202 ORA fON OUSTON 'I, TUAS I 1124 9800449 Line 7-100 et al RIW No. 629 AM M U TO RIGHT OF WAY AGREEDONT STATE OF NORTH CAROLINA X COUNTY OF ROCKINGHAM X WHEREAS, by Right ❑f Way Agreement executed by P. A. McCollum, dated ❑ctober 27, 1949 and recorded in the Office of the Register of Deeds in and for said County in Deed Book 401 at Page 441 (hereinafter referred to as "Original Agreement"), TRANSCONTINENTAL GAS PIPE LINE CORPORATION (hereinafter called "Grantee") is the owner of a right ❑f way and easement for pipe line purposes across lands described therein in Rockingham County, North Carolina; and WHEREAS, HILLTOP PARTNERS, a North Carolina General Partnership, (hereinafter called "Grantor") is the present owner of the lands described in said original Agreement, as evidenced by that certain deed dated December 22, 1992 and recorded among the aforesaid records in Deed Book 875 at Page 2271; and WHEREAS, the Grantor has requested Grantee to enter into this Agreement defining its said right of way across the land which it now owns. NOW, THEREFORE, it is agreed by and between Grantee and Grantor that, insofar as the land owned is concerned, said Original Agreement shall be and is hereby modified, supplemented and amended as follows: 1) Grantee's permanent right of way and easement shall be and include all that area of land of varying width, the side lines of same being located parallel to and (40) feet northwesterly of Grantee's most northwesterly presently existing pipeline 00-inch Line "A" constructed in or about the year 1950) and (40) feet southeasterly of Grantee's most southeasterly presently existing pipeline (42-inch Line "C" constructed in ❑r about the year 1967). -1- Instrument Prepared By: Bradley L. Lushbaugh Transcontinental Gas Pipe Line Corporation � - 9zzoSo 1 1 ,1,x pl° rd/;tm- n tbQ�' wl Une- n 1125 f 2) During the period or periods of pipe line construction, replacement, removal or maintenance, Grantee shall have the right to clear and use, as temporary work space only, reasonable areas adjoining the above described right of way. 3) Grantor shall not place or construct upon said permanent right of way any buildings or other improvements or obstructions that would endanger Grantee's pipe line(s) or interfere with the construction, operation or maintenance of any existing or future pipe lines or facilities. 4) Grantee shall have no further obligation to pay for damages caused within the hereinabove described permanent right of way due to or during periods of construction, replacement, removal, inspection, or maintenance of pipeline(s), except for damages to growing crops, fences and existing timber. Grantee ackowledges the existence of a private road (Southern C's Trails) and agrees to restore the road to its current, unpaved condition in the event of damage due to pipeline construction or maintenance activities. Grantor acknowledges that if the private road becomes paved, Grantee shall have no obligation to repair, replace or repave areas damaged by pipeline construction or maintenance activities. For and in consideration of the premises, Grantor does hereby grant, bargain, sell and convey unto Grantee, its successors and assigns, a right of way and easement in accordance with the terms and provisions of said original Agreement as herein and hereby amended; as herein amended said Original Agreement is fully ratified and confirmed by the parties hereto and shall be binding and inure to the benefit of the successors and assigns of each. IN WITNESS WHEREOF, �1 this agreement is executed as of this /� ✓I day of � , 149,7- WITNESS: HILLTOP PARTNERS, a North Carolina General Partnership i O-K U T...o qandd R. OF -11 By: �� �� (SEAL) TRANSCONTINENTAL GAS PIPE LINE CORPORATION By' 1 J 'SEAL -23ames P. Avioll J.,p p•?ei!ient.oRerations 1126 STATE OF NORTH CAROLINA X COUNTY OF r�1L r), X I, kry_--nALd C�,• C.—� j, a Notary Public of GUIJLFnW County, North Carolina, do hereby certify that a General Partner of HILLTOP PARTNERS, a North Carolina General Partnership, personally appeared before me this day and acknowledged the execution of the foregoing Amendment to Right of Way Agreement. Witness arty hand and notarial seal this the day of I91b. (SEAL) NOTARY PUBLIC OFFICIAL SEAL. P-; 1UIECH7NlL!] G. GORDDN aUILFORa COUNTY, Nc ulan uyrna 7-5 - 9e STATE OF TEXAS X COUNTY OF HARRIS X Notaryj Pub 'c My Commission expires 9� 1 T P.—Iflaf a Notary Public, certify that personally came before me this day and acknowledged that he is QifSecretary of TRANSCONTINENTAL GAS PIPE LINE CORPORATION, and that by authority duly given and as the act of the Corporation, the f going inst ent was signed in its name by its L4..!Lrf!L! s led with its corporate seal, and attested to by �r�� cYd•��� z w�G�C as its LA Secretary. Witness my hand and 19� ( SEAL, ) notarial seal, this ZEM day of 0�!� Notary Public My Commission expires 629Amd.BLL ..w.a..«.««..���•••6- 1I -3- ra,:-�:;� t3fls?ice Ci.tZvEi;CLi t..i] CaaRliSA: EiplipE:0T.06,00 1127 FILED ROWNGHAM COLWTY NC 01/13/98 8;17 AM REBECCA B. CIPRIANI Register Of reds Bock 973, Page 1124 Kt)ith Carolina - Roaidwr mm County, l4echthild G. GpCdM a Notary INOWPaMb b WO ew~ 1y be correct. This MlOUnIM-a No 99PO N M duly registmed 1R 1 ill ami Ymo-allowrf herein of Do*& Assistant/LaOW of Dsade $2.00 Probate Fee Pd:' $12.00 Rec. Fee Pd. Mail.;;._Yy Transcontinental Gas Pipe Line aorp PO Box 1396 nowton Texas 77251-997i LAND DEPARTMENT APPROVAL SLIP Cr Initials - Wbw Returned by Agent Date Returned by Agent PROVIDE NOTE OF EXYLANATIOR'..:;::.: INITTAL EACH AGREEMENT � AGREEMENT INSTRUCTION PLEASE PLEASE COMMENTS .. .::...: . . EXECUTE RUSH RECORD RUSH DOCUMENT REGISTER RUSH COPIES TO: ACCOUNTING KEY# O&M - provide acctlbudgeticost typelbenecent Ptul • provide udget/� also provide rajectl mb nept 1 0Zy30L2Q1, 07,58. & . 0 16 Mail (please circle) egular Fd. Ex. SPECIAL COMMENTS AS TO HANDLING Ls�Jr `if�C.CJ �� r APP11P