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HomeMy WebLinkAbout20231325 Ver 1_401_Buffer Pre-filing Request_20230922From: nsnvder(o)americanlandconceots.com To: 401PreFile(a)dea.nc.aov Subject: 401/Buffer Pre -filing Meeting Request Date: Tuesday, August 22, 2023 8:37:55 AM Please fill out the following information Project Name: Cardinal Pipeline ROW @ trib to Beaver Creek County: Wake Applicant Name: Carinal Pipeline Company, LLC Applicant Email: Laura.Rudolfnwilliams.com Project Name: Cardinal Pipeline ROW @ trib to Haw River County: Alamance Applicant Name: Carinal Pipeline Company, LLC Applicant Email: Laura.Rudolf&williams.com **Please note that multiple projects may be submitted within the same email by supplying all the above information for each project. ***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if necessary use that copy in application/form submittal. Pre -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 Cardinal Pipeline ROW at Tributary to Beaver Creek 1. Site Maps - Vicinity, Topo, NWI, Soils, FEMA, Aerial 2. Aquatic Resources Map 3. Impact Sheet 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 w"s-0--li� ■■I A s■ ■■, ■■■■ ■■/ ®�► ®■ ■■ 1■■■■■ ■■ A& 1■ ■■ 1■■■■■ LI ■I I■■k ■ ■■� \■■■■ AMERICAN LAND CONCEPTS 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410)-526-2688 � S north SCALE: 1"=1,500' ■ Ile Id �0i� 540 y \ 4 mx Barbecue Rd Apex Nature Park' 1 y c / Milano q / w n\�a���d�RJ z_ VICINITY MAP Cardinal Pipeline Company LLC at Trib to Beaver Creek Wake County, North Carolina July 2023 AMERICAN LAND CONCEPTS 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410)-S26-2688 � S north SCALE: 1"=1,500' 1JE:c it Q'cc) J � l J - �� ON GROV z J c fi� Z1S R DGf,p�,. o' ��✓ ' APB BX ARBECUE RD-- 10 BRA S5T0 ` ^ w ��r x � 70 � _ '• 1147 USGS TOPOGRAPHIC MAP Cardinal Pipeline Company LLC at Trib to Beaver Creek Wake County, North Carolina July 2023 AMERICAN LAND CONCEPTS 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410)-S26-2688 FEMA FLOOD MAP Cardinal Pipeline Company LLC at Trib to Beaver Creek Wake County, North Carolina July 2023 � S north SCALE: 1"=250' kaA RoA- A -I ChA AaA { Y PkD CUC ° CrD '� /nrD /CrD ��y�-CuC� AMERICAN LAND CONCEPTS 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410)-S26-2688 NWI MAP Cardinal Pipeline Company LLC at Trib to Beaver Creek Wake County, North Caroilina July 2023 north SCALE: 1"=250' AMERICAN LAND CONCEPTS 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410)-526-2688 MARCH 2O21 AERIAL PHOTOGRAPH Cardinal Pipeline Company LLC at Trib to Beaver Creek Wake County, North Carolina July 2023 north SCALE: 1"=250' Aquatic Resources Map N L 0 EA N U a a X 0 n n a L ■L ow m O C ■mow M W .a a L V E -�e � O O � m L L LO z w J + v p Qj n O i M Q N C � C � 3 U W N N C � v U a >' VO a _O a.-� O LL U N �p O �6 �"p N_ J QJO U L n0 E vU > O W ALn II au v -0L Q o Q C w A t0 N 0 v aL.-i V1 i O Vl •� C •3 y E N Q E N O U N QJ 0 w E 7 Q Impact Sheet AMERICAN LAND CONCEPTS 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410) 526-2688 Existin Proposed am Invert Ele V6.7'+/- Existing and Proposed Stream Invert- -LQ7.6'+/- Existing and prop Existing and Propos Stream Inverl Elev.=Bg.2'+/- I he proposed activities shown above to stabilize the stre and provide cover over the pipelines will impact approximately 130+/- LF (330+/- SF) of intermittent stream. Approximately 3.0 CY of fill will be placed below the OHWM. 00 J O OOI� NWP 18 IMPACTS Cardinal Pipeline ROW at Trib to Beaver Creek K NORTH SCALE: 1 "=30' LOD LOD LOD LOD LOD — OOI OOl OOl 0 0 OOI� Intermittent Stream Impacts September 2023 Conceptual Stream Stabilization Plans In rl _ O cIn ti o 0 0 cc a ucli Qr Q 0.4IV N 'y 'y .� ru " "'• .� tb to iC U QUO o No � �c cu y � ct � y e3 ^ri-p > cr r .. 7R _ o � j _:--- _bp' O f ------------ , , , _'-= `'•__ � chi , N w � ` y a W N U o Z Z , F �N • , ZW�10 Z t00 00 U < - LU QNK2 J U W_ Z Q IF � �u a Q o �' �'.Er E g o v �'•c 3 M �Q,�, 5 'ova `� � _ �" EA .+. u c:i tt U •m / s ° aY arm F� v�yw� of c" u w° ... p '� a, u F s v a a E" F u s o I o 0 0 s c O.� N o >o= `eb Q... •- u.ti o .w-1 'S ~O � O c,5 o Y i o a rn Lt E E O v � N � O � � � Y � :•' � u av c `G o � � 'a � u L co u — aui �� `c° v = u o ,� � 5 0 �' U c Y °• Y E c E .� c Y y= 3 'o ro> �c o }o, �• En U ct a °' w C -a .". m E" a, E °' c 5 ,y ui x g Y -Z o O :; > c, '" o� .a -o o ;-a p a..u, a ,^3 u u o ca O aS m u o a R U O � � a o C4 0.; F w -a E- c� " � — y , c � ^�,' " W -a ;Z a •a w F �a Ei c , o - _ c v a v t N _ W -_, O Q U, {' s i i i - w -' N o g� °Em LC w w QzCDv in U<Y) Lw U QNKa W W J L7 L a 6 V O � J > O o M 'C O rNs e3 L� yi N � 3 N � N •Y L N r p L� U U N �.1 0�0�9VN0��9�N0 �-4 7 pa xi O ca ct ao 1 Cc)N 6 � o v sue. 'O 1,3 N eC Y , Gl P M O O L7 V-I H i LU N -13 J W o VQ LLJ o ll cc 71 z"�o a 02 n� LU, O 0 9 t N O 0 9 t N O U 2 o (0j) — Utz �Uwa v F U a� r F v UW IWI � N N � O N � x0 N X NJ ' Iu ot+ 1 O£+I da o �oV �x OZ+I cX L 01+I J� 00+ I O6+o C N A Q W E .59 7 `N7 �y r l V lJ O f N 09+0� a .� OL+O X E 09+0 vo U � U OS+O o1�0"D ,I-cvo1o�,D o —mmmmmro O�Jn� o06+I n o� Otl+O 09+1 +a na a I o'� 09+0 - +I rI +Ie� OL+I w Q V N 'a 'A z Z 9+I V Q z OZ+O a g "- o ¢N — 09+1 gFz� W�..✓ zU)C) ' �7l z � in U <O7 � ��9'+I t'J. UQVI... � O o F--o 0 g, > n 05+1 J N W � W O > �w 2cJ W 003 �� volio�'r N000+0 �` ommmmmro�rororo r) u — �II'I 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: September 07, 2023 Project Code: 2023-0125955 Project Name: Cardinal Pipelin ROW @ Trib to Beaver Creek 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 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 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 09/07/2023 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: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.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/program/migratory-bird-permit/what- we-do. 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/library/collections/threats-birds. 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/partner/council-conservation- migratory-birds. 09/07/2023 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 • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds 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 09/07/2023 4 PROJECT SUMMARY Project Code: 2023-0125955 Project Name: Cardinal Pipelin ROW @ Trib to Beaver Creek Project Type: Pipeline - Onshore - Maintenance / Modification - Below Ground Project Description: Stabilization of an erosive gully and deep channel across the ROW formed as a result of a SWM pond outfall immediately adjacent to the ROW to allow safe and continued operation of an existing gas pipeline within the ROW. The proposed project involves constructing a step -pool structure within a routinely maintained ROW to raise the stream invert, maintain the grade across the ROW, and minimize future erosion and sediment transportation. The step -pool systrem will create a a natural riffle -pool scenario downstream of the pipeline prior to the channel leaving the ROW within a wooded area. No trees will be removed for the proposed work. Timing of construction is Fall 2023. Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.72383545,-78!90004422974515,14z Counties: Wake County, North Carolina 09/07/2023 5 ENDANGERED SPECIES ACT SPECIES There is a total of 5 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 NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 CLAMS NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/5164 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 STATUS Candidate 09/07/2023 H. FLOWERING PLANTS NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 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. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 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 Treaty 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 09/07/2023 additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25 and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20 and Alaska. King Rail Rallus elegans Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5 and Alaska. https:Hecos.fws.gov/ecp/species/8936 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. 09/07/2023 E3 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) 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 09/07/2023 E 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 Bald Eagle Non -BCC 11111111 HE l6i iiii i+1+ 11+11+11 +111 IN 1+111111 Vulnerable --- •-- ---- ---- ---- — wmmm mmmm MME Kentucky Rangewide Warbler ++++ ++++ ++++ ++++ +�i+ ++++ .......... +++ ++++ BCC Rangewide —i- ---mi MEMO Jill I� (CON) King Rail AN 1i1, ++d ++++ _l I I Pill BCC Rangewide ........ +++ ++++ (CON) Prairie Warbler ++++ ++++ ++++ -ii ild lid ���� ++++ ++++ ++++ ++++ ++++ BCC Rangewide (CON) --- ---- ---- ---- Warbler Prothonotary ++++ ++++ ++A qq. IT_IF Tj 11l++ +++l +1++ ++++ ++++ ++++ Warbler BCC Rangewide (CON) Woodpecker 'TT 111I I I 1 I111 �I BCC Rangewide (CON) Rusty Blackbird ++,� 1+++ +++T ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ BCC -BCR Wood Thrush BCC Rangewide ++ I I I I I 1 44 0+1111 1 1 1 1 1 1 1 1 +11+�" ++++ ++1+ ++++ ++++ (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/avoidins7-and-minimizins7-incidental-take-mis7ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.Ddf 09/07/2023 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 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 09/07/2023 11 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 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 09/07/2023 12 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. 09/07/2023 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 238 B MAIN STREET REISTERSTOWN, MARYLAND 21136 PHONE: (410)-S26-2688 Averroe Dr WA7848 House v � WA1042 James Olio-zj ite G o House � � O U1 Q o a � ate, In o 4o pN a ti Kinship Ln OS sad Tosca Tri4azzi Tri Mllanoq � v tee Monte Ter U���� RE WAKE 41� NC SHIPO MAP Cardinal Pipeline Company LLC at Trib to Beaver Creek Wake County, North Caroilina July 2023 Ke Ily Road Park IS north SCALE: 1"=1,000' Toad Hollo-01 ROW Recorded Deeds CEC - North Carolina 1/97f 'OW� Instrument prepared by: Name: Bradley L. Lushbaugh Address: 345 Greenbrier Drive RETURN TO: Cardinal Opening Company P.O. Box 607 I lolly Springs, N.C. 27540 RIGHT OF WAY AGREEMENT LINE NO. 7-107 R/w NO. 1,,,_ l CHECK NO tJ N.O. No. 656j7. RLGItiT(,,AT10N Charlottesville, VA 22901 000709 C9 _, i1 2= 39 THIS AGREEMENT IS BEING EXECUTED IN COUNTERPARTS STATE OE NORTH CAROLINA COUNTY OF wAKz € EGISTEiR CJ GEEi 4 KNOW ALL MEN BY THESE PRESENTS: That the undersigned,. Tracy Seymour Hedrick and husband_ Lonnie D. Hedrick. Jr. hereinafter called GRANTOR, whether one or more), for and in consideration of Sixteen and no/100 _ _ Dollars (816.00) cash in hand paid, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto CARDINAL EXTENSION COMPANY, LLC, its successors and assigns, (hereinafter called GRANTEE), a right of way and easement fifty feet in width for the purposes of laying, constructing, maintaining, operating, repairing, altering, replacing, changing the size of, and removing pipe lines (with valves, regulators, meters, fittings, appliances, 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, and communication cables, wires and appurtenances, the Grantee to have the right to select the route and location thereof (the laying of the first pipe line shall constitute the selection of the route by the Grantee) and the right of way shall be located so as to be parallel with the center line of such first pipe line and to extend fifteen feet northeasterly and thirty-five feet southwesterly therefrom, under, upon, over, through and across the lands of Grantor, situated in the County of Wake , State of North Carolina, described as follows: Being those lands described in that certain deed dated 4/11/19 and recorded in the Wake County Registry in Deed Book 337 at Page 31. See also Estate Files Nos. S-227, 70-E-123, 78-E-898, 80-E-1290 and 80-E-770. The right of way and easement herein granted shall be as shown on Cardinal Operating Company Drawing No. 24-06-1155/X-411931, sheet 1 of 1, dated 4/27/98, attached hereto and made a part hereof. It is the intention of the parties that the right of way and easement herein granted shalt also extend across any lands of Grantor contiguous to the lands particularly described above along the route selected by Grantee. During pipeline construction, Grantor herein grants to Grantee the right to use such additional areas as are reasonably needed for construction purposes adjoining the right of way defined above. There is included in this grant the right to lay, construct, maintain, operate, alter, repair, remove, change the size of, and replace one additional Line of pipe within said right of way, and to use during the construction thereof a reasonable work area adjoining the right of way; but for such additional line so laid the Grantee shall pay Grantor a sum equivalent to One Dollar ($1.00) per lineal rod of such additional line, or such proportionate part thereof as Grantors 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 and remove all trees, undergrowth and other obstructions that may injure, endanger or interfere with the construction, operation, maintenance and repair of said pipe lines, and the right from time to time to clear and use such additional land adjacent to said right of way as may be reasonably necessary in the construction of pipelines. 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 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. Grantor shall not change the grade on the right of way nor place or construct upon the right of way any buildings, trees, structural improvements or other encroachments without the express written permission of the Grantee. 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 actual physical damages to fences, growing crops and timber which may arise from laying, constructing, altering, repairing, removing, changing the size of and replacing such pipe Lines. The term -timber" is defined as trees or the wood grown for commercial sale. 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 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 TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal this /Zd'9 day of ATTEST/WITNESS: d 1aCk L.YYrUO,L_l.l. -4 u r. (SEAL) ) Tr y Seymo r Hedrick _ A L v (SEAL) L or nic L/HedYck, Jr. co tV CJ7 00 W GH82-•iPG 1784 STATE OF NORTH CAROLINA I COUNTY OF i I. a Notary Public, do hereby certify that T -r" k and husband 0. Hedrick r , personally appeared before i me this day and acknowledged the execution of the foregoing Right Of Nay Agreement. Witness my hand and notarial seal this the 47-6� day of199Y. My COmaission gxpire ���,►,, 1 _7rDy3 (SEAL) * NOTARr ' * * * Notary Public QTATF nF Ae1DT11 rLpnt TYd 6 NORTH CAROLINA — WAKE COUNTY - The + ^11�pr` The foregoing certificate —of �.Le.�la*-d Vr` Notar(y)(ies) Public is (are) certified io ha conect.Th i; instrument and this certificate are duty registered at the date and time and in the book and page shown on the first page hereof � LAUHA M, RIDDICK, Register of Deeds gy i P. ✓„ 1 yGv Asst 1Dcptq Register of Deeds STATE OF NORTH CAROLINA I1 COUNTY OF 4 a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the executTon of the foregoing Right Of Way Agreement. Witness my hand �nd notarial seat this the day of 199_ My commission expires: (SEAL) Notary Public STATE OF NORTH CA90LINA i COUNTY or I, a Notary Public, de hereby certify that personally appeared before me this day and acknowledged the execution of the foregoing Right Of Way Agreement. Witness my hand and notarial seat this the day of 199— My commission expires: (SEAL) Notary Public LGT 25.3' 'FAKE COUNTY, NOR... CAROLINA 15 43.8' WHITE OAK TOWNSHIP PROPOSED �PROPOSEO 50'R!W TEMPORARY WORK SPACE S33423'29"E �; 34.6' j PROPOSE➢� KELLY LEST ASSOCIATES. LLC TEMPORARY WORK SPACE H-41 LOT a 0. B. 69D1 PG. 748 PARCEL 2603 LOT 5 IRZC ON Q M�MCN 0MNdG'Y FOR KEEL Y SCE,1 AMNA r° VE9, L LO A Y 34' BEAYFH CREEK 481' (SCALED) �p ,l PROPOSED TEMPORARY WORK SPACE h- IRON PIPE (FNO.) o �STEPHEN M. fi BEAULIEU, DORIS BRIGHT SEYMOUR.at al (HEIRS OF A.T. YMOU l at ux W-41.1 PROPOSED TEMPORARY WORK SPACE �O '3g & 0. B. 5172 w-ala PG.289 PARCEL 45B ESTATE FILE 75-E-8SE D.BPAWL 64 4 26531 PRGPOSEf) 50' R/W 100' C 1D0' SCALE IN FEET N07 ES: 1.BEARINGS SHOWN ARE GRIO.NORTH CAROLINA NAO 83. 2. LENGTH OF PROPOSED ROW f.......... 256.4' AREA OF PROPOSEO ROW .............0.33 ACHES AREA OF TEMPORARY WORK SPACL ....0.31 ACRES 3. TAX MAP 072i.02-87 4. '11IN 11_\1' IS K(rr A L 1,1"TIl-I)-01'116,D \I) 13:1. N4 )l111'.1.N 1' I I',1C 1'A I I t I' I(1t..NI.l'R'i,laItl:\I'.AC;I \'f; }' Fill C'11 � 11'; 1;1�' 1(I I I1 AN1' .U'I'I. Ic.xill.I Iav'1) I)I:\I IUN,� LINE NC.7-107 3A" IRON PIPE {FNGJ R.rer.nce Rr..nq D.q-Ho. C AR I7 I NAL v CPE_=FtA-FIIVG COMPO, NY PROPOSED p RIGHT-OF-WAY CROSSIdG PROPFRTX OF DORIS BRIGHT SEYMOUR, at al x WAKE COSY. NGRIH CABOLIN a.ieC' n,... RETURN TO: Cardinal Operating Company B E gG CEC North Carolina 1/97 P,0.Box 607 HollySprings,N,C. 27540 R/W No. W-43 y Instrument prepared by: CHECK NVq RIGHT OF WAY AGREEMENT w.o. Nor + 65s0.. oil Name: Bradley L. Lushbaugh Adc'iess: 345 Greenbrier Drive t'p- -. Charlottesville, VA 225Z1 RECi.- STATE OF NORTH CAROLINA 0 0 0 7 2 2 0o pit, COUNTY OF WAKE . KNOW ALL MEN BY THESE PRESENTS. That the undersigned, Stephen M. Beaulieu a961_41 Gail, N. Beaulieu hereinafter called GRANTOR, whether one or more), for and in consideration of Fiveand _Dollars (85.00) cash in hand paid, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto CARDINAL EXTENSION COMPANY, LLC, its successors and assigns, (hereinafter cal Led GRANTEE), a right of way and easement for the purposes of laying, constructing, maintaining, operating, repairing, altering, replacing, changing the size of, and removing pipe Lines (with valves, regulators, meters, fittings, appliances, 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, and communication cables, wires and appurtenances, and the right of way shall be located so as to be parallel with the center line of such first pipe line, under, upon, over, through and across the lands of Grantor, situated in the County of Wake , State of North Carolina, described as follows: Being all of Lot 11, as shown on that plat and survey entitled "Beaver Creek" as prepared by A. R. Barnes, RLS, dated July 17, 1981, and recorded in Book of Maps 1985 at Page 450, Wake County Registry, and further described in that certain deed dated 4/7/92 and recorded in the Wake County Registry in Deed Book 5172 at Page 269. The right of way and easement herein granted shall be as shown on Cardinal Operating Company Drawing No. 24-06-1155/X-409647, sheet 1 of 1, dated 2/14/97 (last revised on 6/6/98), attached hereto and made a part hereof - 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 right of way and easement, and the right from time to time to cut and remove all trees, undergrowth and other obstructions that may injure, endanger or interfere with the construction, operation, maintenance and repair of said pipe Lines, and the right from time to time to clear and use such additional Land adjacent to said right of way as may be reasonably necessary in the construction of pipelines. 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 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, subject to the following exceptions and conditions: 1) The lands described herein are subject to that certain Deed Of Trust to Eric W. Hinson, Trustee for Mortgage Express Financial Services, Inc., dated March 27, 1998 and recorded in Deed Book 7995 at Page 255 of the Wake County Registry and other covenants, easements, rights of way, and restrictions of record. 2) Grantee, its heirs, successors and/or assigns shall comply with all applicable international, federal, state and local laws, statutes, ordinances, rules and/or regulations with respect to the laying, constructing, aLtering, repairing, removing, operating, changing the size of and replacing said pipe lines and/or other improvements. 3) Grantee, its heirs, successors and/or assigns shall indemnify and agree to hold Grantor harmless from and against any and all claims, losses, demands, damages (including environmental damage), Liabilities or causes of action of any kind, character or nature, (including reasonable attorney fees), sought, claimed or made by Grantee, its heirs, successors and/or other third parties which may arise from the laying, constructing, altering, repairing, removing, operating, changing the size of and replacing said pipe lines and/or other improvements. Grantor shall not change the grade on the right of way nor place or construct upon the right of way any buildings, trees, structural improvements or other encroachments without the express written permission of the Grantee, its heirs, successors and/or assigns. 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 actual physical damages to fences, growing crops and timber (defined as trees or wood growth for conmercial sale) and shall replace, re -grade and restore the land from any ruts, grooves and/or other like effects which may arise from laying, constructing, altering, repairing, removing, changing the size of and replacing such pipe Lines. 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 between the parties and no representations or statements, verbal or written, have been made, modifying, adding to, or changing the terms of this agrgement. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal this •JC�i —D- day of re ATTEST/WITNESS: (SEAL) Stephen M. Beaulieu Gait N. Beaulieu /�- ?.17z2 //9 ti BK8 185PG 1969 STATE OF NORTH CAROLINA 1 COUNTY OF �t?i- 1 a Notary Public, do hereby certify that Stephen M. i , personally appeared before me this day and acknowledged the execution of the foregoing Risbt Of Nay Agreement. y Witness my hand and notarial seal this the —,� day of A0 oe h1 IPA,-1994p" _ NY comaissian (SEAL) Notary Publi £ t - NORTH CAROLINA — WAKE COUNTY The ioregoing eertificalo—or Rorar(y)(ies) Public is (ate) cerfifiedto be carrerl.This instrument and Nis oarm ate are Bury registered at the data and lime and in the book and page Shown on the firm page hereof. By LAURA M. RIDDICK, Register of Deeds j1e1 Meputy Register of Deeds -2- Z ¢ R +A Z CY �a lQ luul O Q ' g Pz c LLI 0$ r M f1' a e Z w O LL LLI AC cm o M H�± 3 C Q �� V Y Y1lM 1N3WWJIiY Qii]A3E! W'!Ih I c i W a � as znt n>ts:+� ntyrg z z- r.; d z w L ' Z J o z m V CL O _ u.-1 z N 3 m z a ri wLi O a r )w m_ cr CDw CL W O Z I— U) w a w x e u qr IL z N a O 0 o z x x 0. 4 w c J W In Z r y W O m o J =C w O u 0� M u W W 0. o cr Ln to M z 6m IL a Y J 0 J OLa W q 2 �FJ In 0 O 4 asa a7 Z u O W W M cc a s z cr u o LL a s d PY f16 fD 07 d Z ^-oo �a c d O� N O M o N N 2 J co00 6M O 7 0 n as Ln � 2 a }� � Q ul gip, Q R O" o Z V1 Z S�, p O Fr ;Q iL` �� L0 0 l¢u U 'v OQ a O T J 00 Qd 4� ED 4 NOLi Li C w 0 m In u7 ErWa 4O Zm o O doF� a x ar`Ou w v, w4r�o'f Y n J U, �4r o O d w r IL LL d Q U Zm �Oa Z n a a_ U ox c3 a { a U a w¢ IJ a = W rr � E .• m z _j < 4q: m 4 4 V i.. — . -- �rSle'� 1 RETURN f Cardinal Operatingg Company CEC - North Carolina 1/97 P.O. Box607 LINE NO. 7-107 Holly springs, N.C. 27544 &/w No. w-44 Instrument prepared by: DRAFT RIGHT OF WAY AGREEMENT W.D. NO. 01 lU-D Name: Bradley L. Lushbaugh pp _ Address: 345 Greenbrier Drive REGIS I JP:'-.1 Charlottesville, VA 22901 �-^- 0 ^O 6 Q J 98 NIT! 2.1 11 2' y34 U� STATE OF NORTH CAROLINA v COUNTY OF WAKE REGISTER OF DEEGS_ — WAKE GOUPITY cn KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Howard E. Macon. a free trader C) _ hereinafter called GRANTOR, whether one or more), for and in consideration of Forty-four and no/1uU Dollars (544.00) cash in hand paid, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto CARDINAL EXTENSION COMPANY, LLC, its successors and assigns, (hereinafter called GRANTEE), a right of Way and easement fifty feet in width for the purposes of laying, constructing, maintaining, operating, repairing, altering, replacing, changing the size of, and removing pipe lines (with valves, regulators, meters, fittings, appliances, tie -avers, 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, and communication cables, wires and appurtenances, the Grantee to have the right to select the route and location thereof (the laying of the first pipe line shalt constitute the selection of the route by the Grantee) and the right of way shall be located so as to be parallel with the center line of such first pipe line and to extend fifteen feet northerly and thirty-five feet southerly therefrom, under, upon, over, through and across the lands of Grantor, situated in the County of Wake , State of North Carolina, described as follows: Being those lands described in that certain deed dated 6/12/87 and recorded in the Wake County Registry in Deed Book 4046 at Page 342. The right of way and easement herein granted shall be as shown on Cardinal Operating Company Drawing No. 24-06-1155/X-413113, sheet 1 of 1, dated 4/18/98, attached hereto and made a part hereof. It is the intention of the parties that the right of way and easement herein granted shall also extend across any Lands of Grantor contiguous to the Lands particularly described above along the route selected by Grantee. During pipeline construction, Grantor herein grants to Grantee the right to use such additional areas as are reasonably needed for construction purposes adjoining the right of way defined above. There is included in this grant the right to Lay, construct, maintain, operate, alter, repair, remove, change the size of, and replace one additional Line of pipe within said right of way, and to use during the construction thereof a reasonable work area adjoining the right of way; but for such additional line so laid the Grantee shall pay Grantor a sum equivalent to one Dollar ($1.00) per lineal rod of such additional line, or such proportionate part thereof 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 tine. 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 and remove all trees, undergrowth and other obstructions that may injure, endanger or interfere with the construction, operation, maintenance and repair of said pipe lines, and the right from time to time to clear and use such additional Land adjacent to said right of way as may be reasonably necessary in the construction of pipelines. 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 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. Grantor shall not change the grade on the right of way nor place or construct upon the right of way any buildings, trees, structural improvements or other encroachments without the express written permission of the Grantee. 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 actual physical damages to fences, growing crops and timber which may arise from Laying, constructing, altering, repairing, removing, changing the size of and replacing such pipe lines. The term "timber" is defined as trees or the wood grown for commercial sale. 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 al( 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 TESTIMONY WHEREOF the Grantor has hereunto set his hand and seal this ,_ /8�17day of a , ,9�. ATTEST/WITNESS: f` , (SEAL) Howard E, Macon /� - �,� z zo 51L . 93PG 1 508 STATE OF NORTH ..CAROLINA ¢ COUNTY OF (¢ I, / C7 SJ,_ a Notary Public, do hereby certify that Howard E. Macon, a free trader personally appeared before me this day and acknowledged the execution of the foregoing Right Of Way Agreement. Witness my hand and notarial seal this the p day of / Y 0 My commission expires: IO v Z— (SEAL) Notary Public p rs t"" i""... STATE OF NORTH CAROLINA ¢ QJ . �•'� COUNTY OF ¢ ••,•• 4in't v,4P'• I, a Notary Public, do hereby certify that NORTH CAROLINA — WAKE COUNTY The foregoing certificate —of Notar(y)pes) Publip is (are) certified to he correcl.Thls instrument and this certificate are duly registered at the date and lime and in the book and page shown on the first page hereof. LAUFW �RIIIDIrKegister of Dsetls �Y v Asst. gisrar d1 Deeds COUNTY OF ¢ 2 a Notary Public, do hereby certify that , personally appeared before we this day and acknowledged the execution of the foregoing Right Of Way Agreement. Witness my hand and notarial seal this the day of 199. My commission expires: (SEAL) Notary Publlo STATE OF NORTH CAROLINA ¢ COUNTY OF II 1, a Notary Public, do hereby certify that , personally appeared before me this day and acknowledged the execution of the foregoing Right Of Way Agreement. Witness my hand and notarial seal this the day of 199_ My comaission expires: (SEAL) Notary Public l 0 J 0 0 O W a o ® a 0 Mo0 o J O nn n� Z z nnn w z Z � M L[i 1-4 J O Q U CL = Q 2 � 3 F- = 0 o0 O z Z O F— 10 M a O a U W rW U O � x a O m 5 W a7 m m N O 3 d O J V LD W m N J ^ LLJ � z � Q ma W a w z z L w fL a O z � LLI LO CL lO '� z r� O 0. ° N U) i W z J W a a 0 W O7 O a0 a 0 0 W m O d P EL LD 0 w N LO ui ° m Z } m a 0 O rw W U 0a NN d Y 00 d3 a6J x en N en ui m m [A M O N .c u) J In 3 LLJ N cn U L1 N 4 Z m0. O 0 F- ......,.a 9 a° 0 0 Z p Z Lt W Z J LU 3� o U C r W Lu s LL 3� z w a a .► U ul 3 5� ILJ u ° O O u L'7 Lp p a ^ O 3 vLu 00 u z S O` 4 u 00 y Ln N W W cc uu O a a z n a P LD O} z CO m 1, z Lj }U a >u - u ¢ o N Z 2 Ld U) r F uLL rr a LU z : Lin w z ~ a O ; Y r L rcr o z o 0 0 m 0� a o U 0 w 0 m J v s Norm ca a Q o w a r w a v ¢ m z O o O o o za 0 am of r� z co u) W a o " — N O 0- W c ri LL =ooa au LE 4 X z z m r f ¢ 'a Lri cr L7 a a Ln -- a0 zwWx J c W 4- W C W m O: a Z W mZ J¢a r r+Y . Z .. N c 605 I �'fr6 18