HomeMy WebLinkAbout20161088 Ver 1_401 Application_201611164
November 3, 2016
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Jason Randolph
Project Manager
N.C. Division of Water Resources
401 Wetlands Unit
512 North Salisbury Street
Raleigh, North Carolina 27604
Attention: Ms. Karen Higgins
Reference: Application for Nationwide Permit No. 12/WQC No. 3884
PNG Line 297 Relocation
Conover, North Carolina
S&ME Project No. 7435-16-032
Dear Mr. Randolph and Ms. Higgins:
On behalf of our client, Piedmont Natural Gas (PNG), S&ME, Inc. (S&ME) hereby submits this application
for impacts to Waters of the U.S. in accordance with Nationwide Permit (NWP) No. 12 and the
corresponding North Carolina Water Quality Certification (WQC) No. 3884. The proposed project will
involve replacement of approximately 1.25 miles of natural gas pipeline with a new line that is compliant
with current federally -mandated requirements.
This Pre -construction Notification (PCN) is being provided to the U.S. Army Corps of Engineers (USACE)
for approval, and complies with all applicable conditions of NWP No. 12.
In support of this application, please find enclosed the following:
♦ Figures: Site Vicinity Map (Figure 1) and the 1970 Hickory, N.C. USGS Topographic Quad Sheet
(Figure 2) and the Proposed Project Impact Exhibits (Figure 3-5).
♦ Appendix I: Completed PCN and Authorization to Act as Agent
♦ Appendix II: Site Photographs
♦ Appendix III: Typical Construction Details
♦ Appendix IV: Dwarf -Flowered Heartleaf Mitigation Plan and USFWS Correspondence
♦ Appendix V: SHPO Correspondence
♦ Appendix VI: Restoration Plan
S&ME, Inc. 19751 Southern Pine Boulevard I Charlotte, NC 28273 1 p 704.523.4726 1 f 704.525.3953 1 www.smeinc.com
Application for NWP No. 12/WQC No. 3884 S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC November 3, 2016
Written concurrence from the North Carolina Division of Water Resources (NCDWR) is also required
because the proposed project does not meet all conditions of WQC No. 3884, specifically, those specified
below:
The proposed gas line will not cross all streams within the project corridor at a near -perpendicular
angle because portions of the project will adjoin property boundaries or run through existing
development, and PNG undertook efforts to minimize impacts to the economic value of properties
the line will cross.
s The proposed project will require a combined temporary and permanent construction right-of-way
(ROW) greater than 40 -foot wide. The additional ROW is required to adequately accommodate
installation and of the new pipeline.
a The proposed project will require a permanently -maintained ROW that exceeds 15 feet in width. The
WQC includes an exemption for natural gas pipeline, provided that mitigation is offered for
conversion of forested wetlands to herbaceous wetlands due to the additional maintained width. To
meet their operational requirements, PNG is requesting an additional 15 feet of permanently -
maintained ROW in order to: 1) properly conduct leakage surveys from ground mobile units or aerial
technology; 2) aerial patrolling for possible encroachment activity near the pipeline; 3) accurate
identification of possible repairs and maintenance; 4) promotion of damage prevention in that the
ROW can be more easily identified by the public; 5) minimization of potential canopy encroachment,
which creates visibility concerns; and, 6) minimum turn -around requirements for mechanized mowing
and side -trimming equipment.
®'* General Project Information
PNG is planning to replace an approximately 1.25 -mile segment of one of their existing, 8 -inch dimeter
natural gas transmission pipelines. The general work area within which the gas line project will occur is
located just east of Hickory in Conover, North Carolina. The northern end of the pipeline route is located
on the north side of Highland Avenue NE (35.723432°N, -81.265113°W), and the southern terminus is
located just north of the Interstate 40 exit onto Fairgrove Church Road (35.704563°N, -81.261971°). The
new pipe will replace the segment that currently exists in this area in order to bring it into compliance
with current federally -mandated safety and inspection requirements.
The general project location is depicted on the Site Vicinity Exhibit (Figure 1). The project vicinity consists
of a mixture of undeveloped wooded areas and commercial/residential/industrial development adjacent
to existing roadways. The location of the project corridor is depicted in greater detail on the appropriate
US Geological Survey (USGS) topographic map exhibit (Figure 2) and the Proposed Project Impact Maps
(Figures 3-5).
Typical conditions within the project corridor include mature hardwood and pine forest, mid -and young
successional forest, and stabilized disturbance areas associated with existing road ROWs or maintained
lawn. As the route adjoins numerous industrially -developed areas, several of the wooded areas consisted
of shrubby edge habitat dominated by typical aggressive edge colonizing plants under intact forest
canopy of varying habitat types and in varying successional stages. Vegetation types within these areas
consist of intergrades of sunlight -influenced edge characteristics, and often a mix of opportunistic, sub -
mature woody vegetation.
Application for NWP No. 12/WQC No. 3884 S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC November 3, 2016
Species observed within wooded portions of the project corridor included red maple (Acer rubrum),
American beech (Fagus grandifolia), black cherry (Prunus serotina), southern red oak (Quercus falcata),
sourwood (Oxydendrum arboreum), loblolly pine (Pinus taeda), shortleaf pine (P. echinata) and tulip tree
(Liriodendron tulipifera) in the canopy. American holly (Ilex opaca), flowering dogwood (Cornus Florida),
eastern red cedar (Juniperus virginiona), persimmon (Diospyros virginiana), Virginia pine (P. virginiana),
and ironwood (Carpinus caroliniona) in subcanopy. Shrubs included Chinese privet (Ligustrum sinense) and
autumn olive (Elaeagnus umbellata). Dominant vines in deciduous wooded areas include crossvine
(Anisostichus capreolatus), roundleaf greenbriar (Smilax rotundifolia), and posion ivy (Toxicodendron
radicans).
Although such areas varied greatly, vegetation within maintained, non -forested areas included fescue
(Festuca sp.), Allegheny blackberry (Rubus allegheniensis), dogfennel (Eupatorium capillifolium), chicory
(Cichorium intybus), annual ragweed (Ambrosia artemisiifolia), sericea lespedeza (Lespedeza cuneata),
winged sumac (Rhus copollina), poison ivy, wineberry (R. phoenicolasius), little bluestem (Schizachyrium
scoparium), dandelion (Taraxacum officinale), Queen Anne's lace (Daucus carota), goldenrod (Solidago sp.),
American pokeberry (Phytolacco americana), partridge pea (Chamaecrista fasciculata), morning glory
(Ipomoea purpurea), muscadine grape (Vitis rotundifolia), and a number of other grasses and volunteer
species.
Review of the Hickory, NC USGS Topographic Maps (Figure 2) indicated that Lyle Creek crosses a portion
of the project area that will be used to stage the horizontal directional drill (HDD) pipe. An unnamed
tributary to Cline Creek also crosses the proposed pipeline route at two locations. The predominant soil
types mapped within the project area include Clifford sandy loam, Cordorus loam, Fariview clay loam and
Tomlin loam.
Description of Proposed Work
Construction of the new pipeline will first involve demarcation of clearing limits, jurisdictional boundaries,
and other associated workspaces, etc. The existing segment of 8 -inch pipeline will be retired in place, and
the new pipe will be installed in a new 50 -foot wide permanent easement. The width of the permanent
maintenance corridor will be reduced to 30 feet at stream and wetland crossings. An additional 15-25
feet of temporary workspace (TWS) adjacent to the proposed permanent easement will be required to
safely install the new pipe, depending on site conditions. In wetland areas, efforts will be made to remove
surface vegetation in a manner that minimizes disturbance of the substrate and prevents exposure of soil.
If necessary, temporary equipment crossings will be installed along one side of the easement to facilitate
equipment passage, cross over streams, and prevent excessive rutting and ground disturbance in the
wetlands. Appropriate sediment and erosion control (S&EC) measures will be installed as clearing
proceeds to prevent sedimentation of jurisdictional features.
No grubbing or below -ground vegetation removal will occur within the wetland or along stream banks
within the construction corridor. Where the pipe will be installed by conventional means (e.g. "open -
trench" or "isolation"), grubbing will be limited, to the extent practicable, to the trench line. Select
portions of the easement may require rough grading to facilitate safe passage of equipment, and to
prepare a suitably -level work surface. Within the wetland area, timber mats are planned for use to
provide work and travel space for equipment where extensive rutting or soil disturbance may occur.
Following preparation of the work area and installation of necessary S&EC measures, the trench will be
excavated along the "non -working" side of the easement. Subsurface disturbance will only be conducted
Application for NWP No. 12/WQC No. 3884 S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC November 3, 2016
within the trench line at wetlands and stream crossings. Stump removal or light grading may occur on the
working side of the easement if required for safety reasons. The work will be performed from the timber
mats placed along the working side of the easement. In certain areas, including the wetland or lawns,
efforts will be made to segregate topsoil from the subsoil. If necessary, trench breakers (temporary
barriers generally constructed of sand bags or similarly suitable material) will be installed within the trench
to slow the flow of subsurface water.
In general, lengths of the 8 -inch pipe will be trucked to the site from a temporary storage yard, strung
along the easement and placed on skids (wooden pedestals). Specialized machines will be used to bend
individual segments of pipe to fit the contours of the trench where necessary. The pipe segments will be
welded together, x-rayed, the structural integrity and surface coating inspected, and then lowered into the
trench. Segments of the trench may require dewatering or "padding" to prevent large rocks or other
debris from coming in contact with the pipe. Permanent trench breakers will then be installed where
necessary and the trench backfilled. In areas where segregation of the subsoil and topsoil is required, the
topsoil will be replaced last. Affected areas will then be "cleaned up" by rough -grading and temporary
seeding (if necessary), followed by final grading, permanent seeding and mulching to restore the
easement as closely as possible to pre -disturbance contours and conditions.
All work within the wetland and the streams will be conducted in accordance with the applicable permits.
Best Management Practices (BMPs) will be employed at all stream and wetland crossings to help prevent
siltation or inadvertent discharges to a Waters of the U.S.
**.* Jurisdictional Areas
On June 7, 2016, S&ME personnel (Joey Lawler, Amy Moore, Marshall Bagley, and Justin Ahn) conducted a
pedestrian review of the proposed project area to delineate jurisdictional surface waters located therein.
S&ME followed the procedures set forth in the 1987 USACE Wetlands Delineation Manual and the Eastern
Mountains and Piedmont Region Supplemental Guidance. Field conditions were documented using
USACE Routine Wetland Determination Data Forms, as appropriate. The field review also included
identification of tributaries (streams or jurisdictional ditches) within the project area. Drainage features
identified during the field review were assessed to determine the jurisdictional status of the tributary.
Drainage features were classified as either non -jurisdictional or jurisdictional. S&ME used the NCDWR
Stream Classification Form to document characteristics of identified drainage features on the day of the
assessment.
Streams and Wetlands
Multiple jurisdictional streams (Lyle Creek, SA1 and SA2) were identified during the site visit. In addition,
one wetland area (WA1) was also observed. All of the aforementioned streams are classified as perennial.
SA1 and SA2 are actually different reaches of the same stream (an unnamed tributary to Cline Creek) that
are crossed by the proposed pipeline at different locations. WA1 is a headwater forest wetland that abuts
SA1. Photographs of the subject features are included in Appendix II. Information related to a request
for a preliminary jurisdictional determination was previously submitted to the USACE on October 18, 2016.
The proposed project may temporarily affect up to approximately 280 If of tributary waters and 0.01 acre
of wetlands. The stream impacts will result from installation of a new pipe and/or construction of a
temporary equipment crossing. The wetland impact will result from placement of an equipment crossing
and permanent conversion (forested wetlands to herbaceous wetlands). Typical details of the proposed
W
Application for NWP No. 12/WQC No. 3884 S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC November 3, 2016
construction are included in Appendix III. The project will not result in permanent stream impacts, or a
loss of Waters of the U.S. Following construction, the temporarily affected jurisdictional area will be
returned to their pre -construction grade and contour, seeded and stabilized. No permanent fill
placement or aboveground station construction is required.
4 Protected Species
To comply with applicable sections of the Endangered Species Act (ESA) of 1973 (16 USC 1531-1543),
S&ME first reviewed the North Carolina Natural Heritage Program (NCNHP) database to identify
occurrences of federally protected species that may be documented in the vicinity of the project area.
Federally protected species listed for Catawba County are summarized in Table 2:
Table 2: Federally Protected Species for Catawba County
Common Name Scientific Name
Federal Status County Status
Dwarf -flowered Heartleaf
Hexastylis naniflora
Threatened
Current
Bald Eagle
Haliaeetus leucocephalus
Bald and Golden
Eagle Protection Act
Current
Schweinitz's Sunflower
Helianthus schweinitzii
Endangered
Current
Northern Long eared bat
Myotis septentrionalis
Threatened — 4(d)
Potential/Probable
The NCNHP database identified one occurrence of dwarf -flowered heartleaf (Hexastylis naniflora) within
one mile of the project route. Other records of federally -protected species, significant natural
communities or habitat areas, gamelands, federal or state property or managed conservation lands were
not identified within one mile of the project area.
S&ME provided a scoping package to the U.S. Fish & Wildlife Service (USFWS) on May 23, 2016. The
scoping package included depictions of the route overlain on the appropriate USGS topographic maps
and aerial photographs in digital format, along with a Google Earth® kmz file of the proposed alignment.
The scoping package requested that the USFWS review records they may have had relating to rare,
endangered, or threatened species, or high quality natural communities within the vicinity of the project
corridor, and provide comment. The USFWS (Byron Hamstead) responded on June 23, 2016 and indicated
that their records indicated a known population of dwarf -flowered heartleaf was located approximately
0.5 -mile west of the project area.
Dwarf -flowered Heartleaf
Status: Federally Listed Threatened
Biological Determination: May Affect, Not Likely to Adversely Affect
Dwarf -flowered heartleaf is an evergreen, perennial herb in the birthwort family. It is distinguished from
other members in the genus by the small size of the flowers, which appear in late March and early April.
The leaves are dark green, sometimes with silvery or gray mottling. Frequently, the tip of the leaf has a
small indentation. The flowers are borne near the ground surface, often under leaf litter, and are brownish
to greenish in color. The habitat of dwarf -flowered heartleaf is open deciduous woods, along
streambanks, often on Pacolet, Madison, or Musella soils.
Application for NWP No. 12/WQC No. 3884 S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC November 3, 2016
Historical pressures that have adversely impacted dwarf -flowered heartleaf include timber harvesting,
urbanization, conversion from woodland to pasture, reservoir construction, pond construction, trash, and
insecticide use. Additionally, road construction, and the expansion of residential, commercial, and
industrial development have also impacted dwarf -flowered heartleaf populations. Historically, most of the
adverse pressure on dwarf -flowered heartleaf resulted from direct impacts from these activities.
During a June 3, 2016 survey of the project corridor by S&ME, one population of dwarf -flowered heartleaf
was identified. The flowers of the heartleaf plants observed were still intact of a stage sufficient to
establish positive identification. The population was located on the north -facing slope of an erosional
gully, and contained approximately 183 plant clusters. The cluster locations were flagged by S&ME, and
then surveyed and mapped by a Registered Land Surveyor. The alignment of the proposed permanent
easement was then shifted west of its original alignment in order to avoid the population. A temporary
workspace easement within which the HDD pipe will be strung is located approximately 22 feet away from
the nearest cluster.
S&ME then notified Mr. Hamstead that a survey of the project corridor for this species had been
conducted, and that the proposed gasline alignment was being re-routed to avoid a population that had
been identified. Mr. Hamstead visited the site on June 28, 2016 and observed the proposed re-route,
along with an additional workspace corridor that will be used to string pipe associated with an HDD,
where no additional Hexastylis plants were identified. Mr. Hamstead indicated that S&ME should prepare
a mitigation plan to address potential indirect impacts to the population of dwarf -flowered heartleaf
based on its proximity to the proposed alignment. Accordingly, S&ME prepared and submitted the plan
to the USFWS on October 14, 2016. The USFWS responded with an October 21, 2016 letter, stating that
while there will be no direct impacts to this species, tree removal from the temporary workspace could
result in indirect impacts (loss of canopy shading) to approximately 4 of the 183 clusters. However, the
USFWS went on to state that because vegetation removal in the temporary workspace would not be
permanent and would impact only 2.2% of this population (if at all), they believed that this project may
affect, but is not likely to adversely affect, dwarf -flowered heartleaf. Additionally, the mitigation plan calls
for: 1) the use of barricade fencing to mark and exclude machinery from the population; 2) depiction and
avoidance of the population in project plan drawings; 3) a preconstruction meeting with contractors to
reiterate avoidance measures; and 4) felling trees away from the population. A copy of the October 14,
2016 Mitigation Plan for Dwarf -flowered Heartleaf and the October 21, 2016 USFWS response letter are
included in Appendix IV.
Bald Eagle
Status: Bald and Golden Eagle Protection Act
Biological Determination: No Effect
Bald eagle is a large raptor with a wingspan of approximately seven feet (2.1 meters). Adult individuals of
this species have a mainly dark brown plumage with a solid white head and tail. Bald eagles develop
adult plumage in the fifth or sixth year. Juveniles of the species exhibit a chocolate brown to blackish
plumage with occasional occurrences of white mottling on the tail, belly, and under -wings. Bald eagle's
primary diet consists of fish. However, it will feed on birds, mammals, and turtles when fish are not
available.
Bald eagle is associated with coasts, rivers, and lakes, usually nesting near large bodies of water where it
feeds. Nesting habitat in the Carolinas usually occurs in large pine trees along the edge of large bodies of
1.1
Application for NWP No. 12/WQC No. 3884 S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC November 3, 2016
water. The proposed project will not impact large bodies of water, and no areas of potential habitat for
this species were observed during field review. Therefore, the project should have no effect on bald eagle.
Schweinitz's Sunflower
Status: Endangered
Biological Determination: May Affect Not Likely to Adversely Affect
Schweinitz's sunflower is a perennial herb in the aster family that generally grows up to five feet (1.5
meters) in height. This plant has tuberous roots, with each stem attached to a single tuberous root. The
stems are scabrous (rough) and generally reddish in color. The leaves are soft pubescent below and
scabrous on the upper surface. The ray flowers are yellow, while the disk flowers are purplish.
Schweinitz's sunflower generally blooms during the month of September. The habitat of Schweinitz's
sunflower is open woods, roadsides, and powerline easements, often on basic soils with bare spots or a
gravel component. The preferred sites are characterized by abundant sunlight and little competition in the
herbaceous layer.
Limited areas of potential habitat for Schweinitz's sunflower were observed during field review. The area
of habitat most conducive to this species is located where a powerline easement on the northeast side of
Lyle Creek crosses the proposed pipe -string area. Within this portion of the temporary easement, no
individuals of Schweinitz's sunflower were observed. Additionally, activities that are proposed for this area
do not include grading or excavation. Based on our review, it is not anticipated that this project will
adversely affect populations of Schweinitz's sunflower.
Northern Long Eared Bat
Status: Federally Listed Threatened
Biological Determination: Exempt under 4(d) Rule
According to the USFWS, suitable summer roosting habitat is present on site for the federally threatened
northern long-eared bat. However, the final 4(d) rule (effective as of February 16, 2016), exempts
incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles
from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during
the pup season (June 1— July 31). Based on the information provided, the project, which will require tree
clearing, will occur at a location where any incidental take that may result from associated activities is
exempt under the 4(d) rule.
•.*® Historic and Archaeological Resources
On May 23, 2016, a scoping letter was submitted to the North Carolina State Historic Preservation Office
(SHPO) with a request that they provide comment on the proposed project. The SHPO responded with a
June 27, 2016 letter stating that they conducted a review of the project and are aware of no historic
resources which would be affected by the project. A copy of the SHPO letter is included in Appendix V.
`w+® Avoidance and Minimization
PNG re-routed the proposed pipe to avoid impacts to three additional wetland areas that were located in
the original alignment. Additionally, construction equipment operating near stream and wetland will be
limited to that necessary for excavation, pipe installation and restoration activities. Vegetation near the
stream will be cut at ground level, leaving existing root systems in place to promote re -growth.
7
Application for NWP No. 12/WQC No. 3884 S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC November 3, 2016
Appropriate S&EC practices outlined in the most recent version of the "North Carolina Sediment and
Erosion Control Planning and Design Manual" and approved by the local governing authority shall be in
compliance with specifications governing the proper design, installation, operation, and maintenance of
such BMPs to comply with the appropriate turbidity water quality standard.
As proposed, the project will comply with applicable conditions of NWP No. 12 and WQC No. 3884.
Following the repair work, the affected area will be restored to its original grade and contour. As
proposed, the project will not result in permanent changes to the ground surface elevation(s) in the area
or affect dimension, pattern, or profile of the affected stream. Affected areas are proposed to be restored
in accordance with the attached Restoration Plan (Appendix VI) following completion of the work.
.*.a Mitigation
The project will not permanently impact stream channels, as those that are temporarily affected will be
restored following construction. While the project will not result in a loss of Waters of the U.S., it will
result in permanent conversion of 0.04 acre of forested wetland to herbaceous wetland. Because the
conversion impacts do not exceed 0.10 acre, we do not anticipate that compensatory mitigation beyond
the proposed avoidance and minimization efforts will be required.
As proposed, the project will comply with applicable conditions of NWP No. 12. The project will not result
in permanent changes in pre -construction elevation contours or affect dimension, pattern, or profile of
affected streams or wetlands. Cleared areas are proposed to be restored in accordance with the attached
Restoration Plan (Appendix VI) following completion of the work.
.
Closing
By copy of this correspondence and completed PCN, we are requesting your written concurrence with this
NWP No. 12 permit application. If you have questions or need additional information, please feel free to
contact us at 704.523.4726.
Sincerely,
S&ME
Joey Lawler, P.W.S.
Project Manager
Ilawler@smeinc.com
Senior Review by Chris Daves, PWS
Attachments
cc. U.S. Fish and Wildlife Service
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Proposed Temporary Workspace
REFERENCE:Pipe Centerline (Trenched Installation)
PROJECT LAYOUT WAS OBTAINED FROM REGIONAL LAND SURVEYORS, INC. THIS MAP IS FOR �,
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE • �_ ♦ •f
APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED Jurisdictional Stream Banks
SCALE: DATE: PROPOSED PROJECT IMPACTS. FIGURE NO.
1 " = 50' 10-27-2016 SA2
PROJECT NO: DRAWN BY: tS&ME PIEDMONT NATURAL GAS 4
7435-16-032 DDH LINE 297 REPLACEMENT PROJECT
16— HICKORY, CATAWBA COUNTY, NORTH CAROLINA
♦
/ ♦ '`,� Q,' . -sir+.
a
0 50
LYLE CREEK
57 LF of Temporary Impact
Due to temporary disturbance
for pipe stringing / HDD layout
(IN FEET)
REFERENCE:
PROJECT LAYOUT WAS OBTAINED FROM REGIONAL LAND SURVEYORS, INC. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE
APPROXIMATED, THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED
i
SCALE: DATE:
1 " = 50' 10-27-2016
PROJECT NO: DRAWN BY: *S&ME
7435-16-032 DDH
mot- 4mrrqL—
x
w �
♦
Temporary Stream Impacts
` — — Proposed Temporary Workspace
Jurisdictional Stream Banks
PROPOSED PROJECT IMPACTS. FIGURE NO.
Lyle Creek
PIEDMONT NATURAL GAS 5
LINE 297 REPLACEMENT PROJECT
HICKORY, CATAWBA COUNTY, NORTH CAROLINA
Appendix I: Completed Pre -Construction
Notification (PCN) and Authorization to
Act as Agent
O dF W A7E'q
0 -c
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A. Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit ❑Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
F Yes
® No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
PNG Line 297 Replacement
2b.
County:
Catawba
2c.
Nearest municipality / town:
Conover
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Linear Utility Project - Multiple Property Owners
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Utility Company
4b.
Name:
Joshua Whitesides, PE
4c.
Business name
(if applicable):
Piedmont Natural Gas
4d.
Street address:
4720 Piedmont Row Drive
4e. City, state, zip:
Charlotte, NC 28210
4f.
Telephone no.:
704.731.4057
4g.
Fax no.:
4h.
Email address:
joshua.whitesides@piedmontng.com
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Joey Lawler, PWS.
5b.
Business name
(if applicable):
S&ME, Inc.
5c.
Street address:
9751 Southern Pine Boulevard
5d.
City, state, zip:
Charlotte, N.C. 28723
5e. Telephone no.:
704.523.4726
5f.
Fax no.:
704.525.3853
5g.
Email address:
jlawler@smeinc.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
Linear utility project - multiple properties
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.714552 Longitude: -
81.261271
(DD.DDDDDD) (-DD.DDDDDD)
1 c.
Property size:
— 19.3 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
proposed project:
Lyle Creek and UTs to Cline Creek
2b.
Water Quality Classification of nearest receiving water:
Lyle Creek (11-76-(0.5) & Cline Creek (11-129-5-2): C
2c.
River basin:
Catawba
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
3.
Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project vicinity consists of an area that is developed with residential, commercial and light industrial land uses. The
project route passes primraily through wooded areas that are situated among the aforementioned areas of development.
3b.
List the total estimated acreage of all existing wetlands on the property:
0.01 acre
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
280 linear feet
3d.
Explain the purpose of the proposed project:
PNG is planning to replace an approximately 1.25 -mile segment of one of their existing natural gas transmission pipeline.
3e.
Describe the overall project in detail, including the type of equipment to be used:
Construction of the new pipeline will first involve demarcation of clearing limits, jurisdictional boundaries, and other
associated workspaces, etc. The existing segment of 8 -inch pipeline will be retired in place, and the new pipe will be
installed in a new 50 -foot wide easement. The width of the permanent maintenance corridor will be reduced to 30 feet at
stream and wetland crossings. Up to an additional 25 feet of temporary workspace (TWS) adjacent to the proposed
permanent easement will be required to safely install the new pipe. In wetland areas, efforts will be made to remove
surface vegetation in a manner that minimizes disturbance of the substrate and prevents exposure of soil. If necessary,
temporary equipment crossings will be installed along one side of the easement to facilitate equipment passage, cross
over streams, and prevent excessive rutting and ground disturbance in the wetlands. Appropriate sediment and erosion
control (S&EC) measures will be installed as clearing proceeds to prevent sedimentation of jurisdictional features.
No grubbing or below -ground vegetation removal will occur within the wetland or along stream banks within the
construction corridor. Where the pipe will be installed by conventional means (e.g. `open -trench" or "isolation"), grubbing
will be limited, to the extent practicable, to the trench line. Select portions of the easement may require rough grading to
facilitate safe passage of equipment, and to prepare a suitably -level work surface. Within the wetland area, timber mats
are planned for use to provide work and travel space for equipment where extensive rutting or soil disturbance may occur.
Following preparation of the work area and installation of necessary S&EC measures, the trench will be excavated along
the "non -working" side of the easement. Subsurface disturbance will only be conducted within the trench line at wetlands
and stream crossings. Stump removal or light grading may occur on the working side of the easement if required for
safety reasons. The work will be performed from the timber mats placed along the working side of the easement. In
certain areas, including the wetland or lawns, efforts will be made to segregate topsoil from the subsoil. If necessary,
trench breakers (temporary barriers generally constructed of sand bags or similarly suitable material) will be installed
within the trench to slow the flow of subsurface water.
In general, lengths of the 8 -inch pipe will be trucked to the site from a temporary storage yard, strung along the easement
and placed on skids (wooden pedestals). Specialized machines will be used to bend individual segments of pipe to fit the
contours of the trench where necessary. The pipe segments will be welded together, x-rayed, the structural integrity and
surface coating inspected, and then lowered into the trench. Segments of the trench may require dewatering or "padding"
to prevent large rocks or other debris from coming in contact with the pipe. Permanent trench breakers will then be
installed where necessary and the trench backfilled. In areas where segregation of the subsoil and topsoil is required, the
topsoil will be replaced last. Affected areas will then be "cleaned up" by rough -grading and temporary seeding (if
necessary), followed by final grading, permanent seeding and mulching to restore the easement as closely as possible to
pre -disturbance contours and conditions.
All work within the wetland and the streams will be conducted in accordance with the applicable permits. Best
Management Practices (BMPs) will be employed at all stream and wetland crossings to help prevent siltation or
inadvertent discharges to a Waters of the U.S.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
El Yes El No ®Unknown
project (including all prior phases) in the past?
Comments:
4b.
If the Corps made the jurisdictional determination, what type
El Preliminary ❑Final
of determination was made?
4c.
If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known):
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Request for Preliminary JD was submitted to the USACE by
SWE on October 18, 2016.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
❑ Yes ❑ No ® Unknown
this project (including all prior phases) in the past?
5b.
If yes, explain in detail according to "help file" instructions.
N/A
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ® No
6b.
If yes, explain.
N/A
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ®P ❑ T
Coversion
BLHW
® Yes
❑ No
® Corps
® DWQ
0.01
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ®T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.01
2h. Comments: Impacts will result from cobversion of forested wetland to herbaceous wetland.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ®T
Temporary
SA1
® PER
® Corps
6
86
Equipment access
❑ INT
® DWQ
S2 ❑ PET
Conventional
SA2
® PER
® Corps
6
137
utility line crossing
❑ INT
® DWQ
S3 ❑ PET
Temporary access
Lyle Creek
® PER
® Corps
20
57
bridge
❑ INT
® DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
[:1 Corps
E] INT
[:1 DWQ
3h. Total stream and tributary impacts
280
3i. Comments: All stream impacts are temporary
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
01 ❑P❑T
02 ❑ PEI T
03 ❑ PEI T
04 ❑ PEI T
4f. Total open water impacts
4g. Comments: No open -water impacts will occur.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled I Excavated Flooded I Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent (P) or for
Temporary (T) impact
B1 ❑P❑T
B2 ❑P❑T
B3 ❑P❑T
6i. Comments:
❑ Neuse ❑ Tar -Pamlico ❑ Other:
❑ Catawba ❑ Randleman
6e. I 6f. I 6g.
Buffer
Stream name mitigation
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See cover letter for details.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
See cover letter for details.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type
Quantity
3c.
Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a.
Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
0 linear feet
4c.
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
0 square feet
4e.
Riparian wetland mitigation requested:
0. acres
4f.
Non -riparian wetland mitigation requested:
0 acres
4g.
Coastal (tidal) wetland mitigation requested:
0 acres
4h.
mitigation
Comments: Permanent conversion impacts do not exceed 0.10 acre. Therefore, we do not anticipate that compensatory
will be required.
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
N/A
Page 8of12
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
N/A
6h. Comments: N/A
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments: .
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: Project will not result in additional
impervious surface.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
N/A
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes
❑ No
Comments: N/A
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
N/A
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance
with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project is not considered "growth -inducing" in that its purpose to replace a segment of existing natural
gas pipleine.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The project will not generate waste water.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version
5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b.
Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
E] Raleigh
5c.
If yes, indicate the USFWS Field Office you have contacted.
® Asheville
5d.
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Project is located near a population of dwarf -flowered heartleaf (Hexastylis naniflora). The project will not directly impact
this species, nor should it impact any other federally -protected species. To account for potentail indirect imapcts, a
mitigation plan for dwraf-flowered heartleaf was submitted to the FWS and approved (attached).
6.
Essential Fish Habitat (Corps Requirement)
6a.
Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b.
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh_coral/ims/viewer.htm
7.
Historic or Prehistoric Cultural Resources (Corps Requirement)
7a.
Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b.
What data sources did you use to determine whether your site would impact historic or archeological resources?
On May 23, 2016, a scoping letter was submitted to the North Carolina State Historic Preservation Office (SHPO) with a
request that they provide comment on the proposed project. The SHPO responded with a June 27, 2016 letter stating
that they conducted a review of the project and are aware of no historic resources which would be affected by the project.
8. Flood Zone Designation (Corps Requirement)
8a.
Will this project occur in a FEMA -designated 100 -year floodplain?
® Yes ❑ No
8b.
If yes, explain how project meets FEMA requirements: Project will comply with local floodplain development requirements.
8c.
What source(s) did you use to make the floodplain determination? FEMA mappping
Joey Lawler, PWS
11.03.16
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version
AGENT AUTHORIZATION FORM
Date: 1.0- 11- 011t
Project Information
S&ME Project Name: PNG Line 297 Relocation
Type of Project: Natural Gas Pipeline
Location: Hickory, NC
Property owner/Kep inrormation
Business Name:
Piedmont Natural Gas
Mailing Address:
4720 Piedmont Row Drive
City, State, Zip Code:
Charlotte, NC 28210
Telephone No.
704.731.4057
Contact:
Joshua Whitesides, P.E.
Agent intormation
Business Name:
Street Address:
City, State, Zip:
Telephone No.
Contact:
S&ME, Inc.
9751 Southern Pine Blvd
Charlotte, NC 28273
704.523.4726
Joey Lawler, PWS
Authorization: I, 050 ( A-M.Si7E5 on behalf of Piedmont Natural
Gas (PNG), hereby authorize S&ME, Inc. to submit information to the US Army
Corps of Engineers (USACE)/NC Division of Water Resources (DWR), pursuant to
obtaining necessary environmental permits for the project referenced above.
PNG is currently working with the landowners to acquire easements for the
proposed route. Accordingly, this also authorizes the USACE/DWR to access the
project route (with prior notification and PNG approval) for the purposes of
confirming the accuracy of the delineated boundaries.
Signature: 6d 6 '�' W, 0 1 -
S&ME`1NC. / 9751 Southern Pine Blvd / p 704.523.4726 f 704.525.3953 / www.smeinc.com
Appendix II: Site Photographs
Photo 1. Typical wooded portion of the project corridor near Photo 2: View of portion of the project corridor located in an
its northern terminus. open are near the southern terminus.
Photo 3: View of project corridor through early successional Photo -4: View of open area that will serve as a laydown
area. yard.
Photo 5: View of project corridor passing through a
maturing hardwood forest.
Photo 6: View of project corridor passing through a
maintained lawn area.
SITE
PHOTOGRAPHS
Photo Page 1 of 2
Photo 7. View of SA1 facing upstream near where it
crosses the proposed easement .
Photo 9: View of WA1.
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Photo 11: Typical soil pedon taken from WA1.
Photo 8: View of Stream 2 facing downstream near where it
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Photo 10: Second view of WA1.
Photo 12: View of Lyle Creek facing downstream.
SITE
PHOTOGRAPHS
Photo Page 2 of 2
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Photo 12: View of Lyle Creek facing downstream.
SITE
PHOTOGRAPHS
Photo Page 2 of 2
Appendix III:
Typical Construction Details
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IR# 1151342 DETAIL SHEET
Appendix IV: Dwarf Flowered Heartleaf
Mitigation Plan and USFWS
Correspondence
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
October 21, 2016
Mr. Joey Lawler
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, North Carolina 28273
Dear Mr. Lawler:
Subject: PNG Line 297 Project; Catawba County, North Carolina
Log No. 4-2-16-468
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
Mitigation Plan for dwarf -flowered heartleaf for the project referenced above (dated October 14,
2016). We submit the following comments in accordance with the provisions of the Fish and
Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental
Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531-1543) (Act).
Project Description
According to the information provided, you are preparing permit applications to replace an
existing natural gas pipeline near Conover, North Carolina to comply with regulations set forth
by U.S. Department of Transportation. Specifically, the proposed project would replace a 1.25 -
mile segment of pipeline with a 2.2 -mile segment. The utility line would require a 50 -foot wide
easement wherein vegetation would be periodically cleared. Additionally, vegetation would be
cleared within 25 -foot wide temporary work spaces at certain locations. Vegetation would not
be maintained at these temporary work areas, and would be allowing to grow back following
project construction. The proposed utility line configuration would require multiple stream
crossings.
Federally Listed Endangered and Threatened Species
S&ME staff identified a population of the federally threatened dwarf -flowered heartleaf
(Hexastylis naniflora) within the proposed project area on June 7, 2016. Following scoping
comments sent via email, S&ME and Service staff evaluated the population on June 28, 2016.
According to the information provided, approximately 183 plant clusters were identified in a
0.31 -acre area along a roughly north facing slope adjacent to a non jurisdictional gully. The
planned pipeline route has been shifted to avoid direct impacts to this population and is now
located approximately 160 feet away from the population. A proposed temporary workspace
would be located approximately 22 feet away from the nearest cluster. Removing the tree
canopy cover for this shade -loving plant could result in indirect impacts to approximately 4 of
the 183 clusters. However, since vegetation removal in the temporary workspace would not be
permanent and would impact only 2.2% of this population (if at all). Additionally, the mitigation
plan calls for; 1) the use of barricade fencing to mark and exclude machinery from the
population; 2) depiction and avoidance of the population in project plan drawings; 3) a pre -
construction meeting with contractors to reiterate avoidance measures; and 4) felling trees away
from the population.
In light of these proposed avoidance and impact minimization measures, the probability for take
of the species would be insignificant and discountable. Therefore, we believe that this project
may affect, but is not likely to adversely affect dwarf -flowered heartleaf.
According to Service records, suitable summer roosting habitat may be present in the project
area for the federally threatened northern long-eared bat. However, the final 4(d) rule (effective
as of February 16, 2016), exempts incidental take of northern long-eared bat associated with
activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150
feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on
the information provided, the project (which requires tree clearing) would occur at a location
where any incidental take that may result from associated activities is exempt under the 4(d) rule.
The Service has record of no other federally protected species or suitable habitat for those
species in the project area. Therefore, we consider the requirements under the Act to be
complete and require no further action at this time. Please be aware that obligations under
section 7 of the Act must be reconsidered if. (1) new information reveals impacts of this
identified action that may affect listed species or critical habitat in a manner not previously
considered, (2) this action is subsequently modified in a manner that was not considered in this
review, or (3) a new species is listed or critical habitat is determined that may be affected by the
identified action.
Utility Line Crossings
Where utility line crossings of streams cannot be avoided, we recommend that you first consider
the use of directional boring. Where the underlying geology is conducive, directional boring
under streams can significantly minimize impacts to aquatic resources and riparian buffers.
If directional boring is not a feasible option and open -cut trenching is determined to be the only
viable method, every effort should be made to ensure that impacts to in -stream features are
minimized and stable upon completion of the project. Our past experiences with open -trench
crossings indicate that this technique increases the likelihood for future lateral movement of the
stream (which could undercut or erode around the utility line), and the correction of such
problems could result in costly future maintenance and devastating impacts to natural resources.
Therefore, any instream work should be accomplished in the dry, and the amount of riparian
disturbance should not exceed what can be successfully stabilized by the end of the workday.
Regardless of the crossing method, all utility lines should cross streams perpendicularly. We
strongly encourage you to assign a qualified biologist monitor the stream crossing work areas
until the work is complete in order to identify any additional on-site impact -minimization
measures. The Service may be available to assist you in this effort.
2
Invasive Plant Species
We are concerned about the introduction and spread of invasive exotic species in association
with the proposed project. Without active management, including the revegetation of
disturbed areas (e.g. temporary workspaces) with native species, project corridors will
likely be sources of (and corridors for) the movement of invasive exotic plant species.
Exotic species are a major contributor to species depletion and extinction, second only to habitat
loss. Exotics are a factor contributing to the endangered or threatened status of more than
40 percent of the animals and plants on the Federal List of Endangered and Threatened Wildlife
and Plants.' It is estimated that at least 4,000 exotic plant species and 2,300 exotic animal
species are now established in the United States, costing more than $130 billion a year to
control .2 Additionally, the U.S. Government has many programs and laws in place to combat
invasive species (see www.invasivespecies.gov). Specifically, Section 2(a)(3) of Executive Order
13112 - Invasive Species (February 3, 1999) directs federal agencies to "not authorize, fund, or
carry out actions that it believes are likely to cause or promote the introduction or spread of
invasive species in the United States or elsewhere." Despite their short-term erosion -control
benefits, many exotic species used in soil stabilization seed mixes are persistent once they are
established, thereby preventing the reestablishment of native vegetation. Many of these exotic
plants' are also aggressive invaders of nearby natural areas, where they are capable of displacing
already -established native species. Therefore, we strongly recommend that only species native
to the natural communities within the project area be used in association with all aspects of this
project.
The Service appreciates your commitment to avoid and minimize impacts to natural resources.
Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any
questions. In any future correspondence concerning this project, please reference our Log
Number 4-2-16-468.
Sincerely,
- - original signed - -
Janet A. Mizzi
Field Supervisor
Ec: David Schaeffer, USACE
Andrea Leslie, NCWRC
Amy Moore, S&ME
'D.S. Wilcove, D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species in
the United States. BioScience 48:607-615.
ZD. Pimentel, L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous
species in the United States. BioScience 50:53-65.
'Lists of invasive exotic plants can be found at http://www.tneppc.org/and http://www. invasive.org/eastern/srs/
(exotic wildlife links) on the Internet.
3
October 14, 2016
U.S. Fish & Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Attention: Mr. Byron Hamstead
Fish and Wildlife Biologist
Reference: Mitigation Plan for Dwarf -flowered Heartleaf
PNG Line 297 Relocation
Conover, North Carolina
S&ME Project No. 7435-16-032
Dear Mr. Hamstead:
S&ME, Inc. (S&ME) is pleased to submit this Mitigation Plan to address potential indirect impacts to a
population of dwarf -flowered heartleaf (Hexastylis naniflora) associated with relocation of a 2.2 -mile
segment of the Piedmont Natural Gas Line 297 in Conover, Catawba County, North Carolina. This
Mitigation Plan was developed by S&ME in accordance with guidance provided by you during and
subsequent to your June 28, 2016 site visit. The opinions included in this report summarize observations
made on the dates noted using the procedures described herein and are based on information obtained
during the study and our professional experience.
Thank you for your assistance with this project, and please do not hesitate to contact us if you have
questions or require additional information.
Sincerely,
S&ME
(: ?11_�_
Joey Lawler, P.W.S.
Project Manager
ilawler@smeinc.com
Senior Review by Chris Daves, P.W.S.
S&ME, INC. / 9751 Southern Pine Blvd / Charlotte, NC 28273 / p 704.523.4726 f 704.525.3953 / www.smeinc.com
Mitigation Plan for Dwarf -Flowered Heartleaf S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC October 14, 2016
Contents
1.0 Background.............................................................................................................1
2.0 Species Description...............................................................................................1
3.0 Existing Conditions...............................................................................................2
4.0 Avoidance and Minimization Efforts................................................................3
5.0 Closing.....................................................................................................................3
6.0 References............................................................................................................... 4
Figures
Figure 1: Site Vicinity Exhibit
Figures 2: USGS Topographic Exhibit
Figure 3: 2014 Aerial Photograph
Figure 4: Location of Population in Relation to Easement
Appendices
I: Site Photographs
Mitigation Plan for Dwarf -Flowered Heartleaf S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC October 14, 2016
1.0 Background
The proposed project involves replacement of an existing pipeline 1.25 -mile segment of natural gas
transmission line with a new line that is approximately 2.2 miles in length. The general work area within
which the project will occur is located just east of Hickory in Conover, North Carolina. The northern end
of the pipeline route is located on the north side of Highland Avenue NE (35.723432°N, -81.265113°W),
and the southern terminus is located just north of the Interstate 40 exit onto Fairgrove Church Road
(35.704563°N, -81.261971°W). The new pipe will replace the segment that currently exists in this area in
order to bring the system into compliance with U.S. Department of Transportation, Pipeline and
Hazardous Materials Safety Administration (PHMSA) regulations.
The pipe will be located in a new easement that is generally 50 feet in width. At certain locations, an
additional 25 feet of temporary workspace (TWS) will be required in order to safely accommodate
equipment that will install the pipe. Vegetation within the 50 -foot wide permanent easement will be
maintained by periodic mowing in the future. Vegetation within the 25 -foot wide TWS will be allowed to
return to its pre -disturbance conditions following construction, and will not be maintained in the future.
The general project location is depicted on the Site Vicinity Exhibit (Figure 1). The project vicinity consists
of a mixture of undeveloped wooded areas, commercial/residential/industrial development adjacent to
existing roadways. The location of the project corridor is depicted in greater detail on the appropriate US
Geological Survey (USGS) topographic map exhibit (Figure 2) and a 2014 Color Aerial Photograph (Figure
3).
The proposed project will require issuance of a Nationwide Permit (NWP) from the U.S. Army Corps of
Engineers (USACE) to authorize temporary wetland and stream impacts that will occur along the route. In
support of that effort and pursuant to satisfaction of the Section 7(a)(2) requirements of the Endangered
Species Act (ESA), S&ME conducted a review of potential protected species habitat in the project corridor.
During a June7, 2016 field reconnaissance, S&ME personnel identified one population of dwarf -flowered
heartleaf (Hexastylis naniflora) within a route that the proposed pipeline was originally proposed to follow.
An additional, small-scale field investigation of a proposed pipe stringing corridor was conducted on June
28, 2016 with assistance from Byron Hampstead of the U.S. Fish and Wildlife Service (USFWS). No
additional populations of H. naniflora or other federally -protected species were observed within the
corridor during either site visit.
Based on information provided by Mr. Hamstead, this report was prepared to address means by which
PNG plans to avoid/mitigate potential project impacts on this species.
2.0 Species Description
Dwarf -flowered heartleaf is an evergreen, perennial herb in the birthwort family. It is distinguished from
other members in the genus by the small size of the flowers, which appear in late March and early April.
The leaves are dark green, sometimes with silvery or gray mottling. Frequently, the tip of the leaf has a
small indentation. The flowers are borne near the ground surface, often under leaf litter, and are brownish
to greenish in color. The habitat of dwarf -flowered heartleaf is open deciduous woods, along
streambanks, often on Pacolet, Madison, or Musella soils.
Mitigation Plan for Dwarf -Flowered Heartleaf S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC October 14, 2016
Historical pressures that have adversely impacted dwarf -flowered heartleaf include timber harvesting,
urbanization, conversion from woodland to pasture, reservoir construction, pond construction, trash, and
insecticide use. Additionally, road construction, and the expansion of residential, commercial, and
industrial development have also impacted dwarf -flowered heartleaf populations. Historically, most of the
adverse pressure on dwarf -flowered heartleaf resulted from direct impacts from these activities.
Current pressures on dwarf -flowered heartleaf are similar to the historical pressures that led to the initial
listing of this species in 1989. Ongoing pressures include logging, road construction, and development.
Currently, indirect impacts likely play a much larger role in adverse pressure on dwarf -flowered heartleaf
and its habitat as upstream development results in incised stream channels and bank erosion.
Recovery of dwarf -flowered heartleaf will be limited by continuing development resulting in direct
impacts to populations, as well as indirect and cumulative impacts that will result from stream incision and
siltation associated with upstream development and increases in impervious surfaces. As land upstream is
developed and becomes increasingly impervious, additional surface water will be channeled into streams.
The additional water volume and velocity will cause bank erosion, consequently impacting dwarf -flowered
heartleaf habitat.
While the subject population will not be directly affected by the proposed project, adjacent clearing
operations may result in indirect impacts to those plants within 15 feet of the edge of the new easement
by elimination of shading.
3®0 Existing Conditions
Photographs of conditions where the population was encountered are included as an attachment to this
report (Appendix I). The overall project corridor consists of a variety of habitats, but is primarily wooded.
The H. naniflora population is located at approximately 35.722381°N, -81.260740°W in a portion of the
route that passes a Piedmont -type mesic mixed hardwood forest. Approximately 183 plant clusters were
identified within an area compassing approximately 0.31 acre that is situated along a non jurisdictional
erosional gully with a roughly north -facing aspect. Each cluster was later surveyed and mapped by a
Registered Land Surveyor. As the survey took place near the end of the flowering window, the area also
includes several clusters that could not be positively identified as H. naniflora or ruled out as another,
similar species. Accordingly, such clusters were assumed to be H. naniflora, and are included in the count.
The location of the population and its relation to the proposed pipeline is depicted on Figure 4.
Overstory species observed in this area included red maple (Acer rubrum), American beech (Fagus
grandifolia), black cherry (Prunus serotina), southern red oak (Quercus falcata), sourwood (Oxydendrum
arboreum), loblolly pine (Pinus taeda), shortleaf pine (P. echinata), and tulip tree (Liriodendron tulipifera).
American holly (Ilex opaca), flowering dogwood (Cornus Florida), eastern red cedar (Juniperus virginiana),
persimmon (Diospyros virginiono), Virginia pine (P. virginiano), and ironwood (Carpinus caroliniana) were
also observed in the subcanopy. Shrubs included Chinese privet (Ligustrum sinense) and autumn olive
(Elaeagnus umbellata). Dominant vines in deciduous wooded areas include crossvine (Anisostichus
capreolatus), roundleaf greenbriar (Smilax rotundifolia), and posion ivy (Toxicodendron radicans).
Soils in this area are mapped as Fairview clay loam (Typic Kanhapludults), 10-25 percent, both moderately
and severely eroded. These soils are well -drained and moderately permeable.
Mitigation Plan for Dwarf -Flowered Heartleaf S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC October 14, 2016
4.0 Avoidance and Minimization Efforts
The original pipeline route passed directly through the H. naniflora population. When notified, PNG
originally shifted the route eastward such that direct impacts to the population could be avoided. The
edge of the permanent easement at that time was located approximately 47 feet from the closest H.
naniflora cluster. Since that time, the proposed easement was again shifted further east, and is now
located approximately 160 feet away from the population. The edge of the TWS, where pipe for a
horizontal directional drill will be strung, is approximately 22 feet from the closest cluster. Assuming a 20 -
foot zone of potential edge effect, none of the clusters should be subject to potential indirect impacts
from loss of shading. Accordingly, the plants should be neither directly nor indirectly affected by the
project.
In addition to re-routing the pipeline to avoid the subject H. naniflora population, PNG proposes the
following steps to promote additional minimization of potential indirect impacts:
The surveyed plant locations will be depicted on the project alignment sheets and notes regarding
their avoidance included in the property line list of special conditions.
Strict boundary control - Brightly colored barricade fencing (construction fence) will be installed along
the edge of the TWS closest to the population prior to construction.
A pre -construction meeting with clearing and grading contractors will be conducted to review the
reason for the construction fencing and reiterate the importance of limiting the work area to the
bounds of the fencing. All trees to be cut will be felled into construction/disturbed area away from
the H. naniflora population.
5.0 Closing
We hope that the proposed Mitigation Plan adequately addresses your concerns by both avoiding direct
impacts and minimizing indirect impacts to the subject H. naniflora population. As proposed, the current
plans balances the need to reduce or eliminate impacts to environmental resources while maintaining the
overall project goals.
Mitigation Plan for Dwarf -Flowered Heartleaf S&ME Project No. 7435-16-032
PNG Line 297 Relocation — Conover, NC October 14, 2016
6.0 References
Center for Plant Conservation: National Collection of Endangered Plants. 2005. Available:
http://www.centerforplantconservation.org (Accessed: July 27, 2016).
♦ Natureserve Online System (On-line). Available:
http://expllorer.natureserve.orci/servlet/NatureServe?searchName= Hexastylis+naniflora (Accessed July
26, 2016).
♦ Radford, A.E., H.E. Ahles and C.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The
University of North Carolina Press.
Schafale, M.P. 2012. Guide to Natural Communities of North Carolina — Fourth Approximation. North
Carolina Natural Heritage Program.
♦ United States Department of Agriculture. 1975. Soil Survey of Catawba County, North Carolina. U.S.
Department of Agriculture, Natural Resources Conservation Service.
♦ United States Fish and Wildlife Service. 2005. Dwarf -flowered heartleaf (Hexastylis naniflora) 5 -Year
Review: Summary and Evaluation Available:
https://www.fws.gov/southeast/5yearreviews/5yearreviews/20110427 hexastylis naniflora.pdf
(Accessed July 27, 2016).
4
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11TH AVD'F, EI
0 750,' 1;500
Legend
Feet
REFERENCE: Limits of H. Naniflora Population _
GIS DATA LAYERS WERE OBTAINED FROM SSRI, RLS AND CATAWBA COUNTY GIS. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. Project Area
THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE.
SCALE:1 „ = 750 ,
FIGURE NO.
c
DATE: 10-12-16 #S&ME USGS TOPOGRAPHIC MAP
DRAWN BY: JLJ LINE 297 RELOCATION
CONOVER,NC
PROJECT NO:
k 7435-16-032
fir, s183 Total Plants.None impacted within
C d
���
Appendix I - Site Photos
Appendix V: SHPO Correspondence
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
June 27, 2016
Joey Lawler
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, NC 28273-5560
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Piedmont Natural Gas Line 297 Pipeline Replacement, Hickory, S&ME 7434-16-032,
Catawba County, ER 16-0907
Dear Mr. Lawler:
Thank you for your letter of May 23, 2016, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.review(c-r�,ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,cze_� t
-
Ramona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
Appendix VI: Restoration Plan
RESTORATION PLAN
PNG Line 297 Replacement
Conover, Catawba County, North Carolina
The proposed project has been designed to avoid and minimize jurisdictional impacts where
practicable. As part of mitigation for unavoidable impacts, the following plan shall be
implemented to restore temporarily -affected wetlands and Streams. This plan entails restoration
of temporarily -disturbed areas to their original contours and conditions to the degree practicable
upon project completion. No fills or spoils of any kind will be placed within wetlands or along the
stream banks. Further, disturbed wetland areas and streambanks will be permanently stabilized
with a native vegetative cover. The measures outlined below will be specified in the contract
documents prepared for construction of the proposed project.
Proposed restoration activities will include the removal of placed fill material and restoration of
original pre -disturbance contours. Excavated material shall be returned to the trench to the extent
possible, and remaining material relocated and retained on an upland site. Excavated topsoil will
be stockpiled separately, kept viable, and then replaced uniformly over the area of excavation
from which it was removed. The native seed mix identified in Table 1 below will be utilized within
temporarily -disturbed portions of the easement comprised of wetlands.
Table 1: Wetland Seed Mix*
arius
7Panicum
Riverbank wild rye
20
igidulum
Redtop Panicgrass
8
dichotomiflorum
Smooth Panicgrass
14
Carex vulpinoidea
Fox sedge
12
Panicum virgatum
Switchgrass
23
Dichanthelium clandestinum
Deer tongue
8
Bidens aristosa
Showy Tickseed Sunflower
7
Juncus effusus, NC Ecotype
Soft rush
4
Polygonum pensylvanicum
PA Smartweed
2
Sparganium amricanum
Eastern bur reed
2
100
* Wetland Seed Mix to be applied to all disturbed wetlands. Recommended application rate: 20-25 lbs. per acre
Substitutions to the species identified in Table 1 may be made based on availability and approval
of an S&ME Biologist.
Along streambanks where wetlands are not present, the riparian mix identified in Table 2 shall be
used.
Table 2: Riparian Seed Mix's
ipecies
Elymus virginicus
Common Name -11MMMOO
Virginia wild rye
Percentage of Mix
20
rostis perennans
Autumn bentgrass
15
Panicum virgatum
Switchgrass
15
Rudbeckia hirta
Black-eyed Susan
10
Coreo sis lanceolata
Lanceleaf Coreo sis
10
Andropogon gerardii
Big bluestem
10
uncus effusus
Soft rush
5
Schizachyrium scoparium
Little bluestem
5
Sorghastrum nutans
Indian grass
5
ripsacum dactyloides
Eastern Gamma
5
100
* Riparian Seed Mix to be applied to all disturbed streambanks, extending 50 feet landward and within high ground
portions of the buffer. Recommended application rate: 20-25 lbs. per acre
To provide quicker cover, the mixes specified in Tables 1 and 2 should also be augmented with the
appropriate cover/companion species, as identified in Table 3.
Table 3: Cover/Companion Crops
Speciie��Ejommon
Season
Mk_
Secale cereale
Cereal or
Early Spring
Grows 3-4' tall, but not a strong
30 lbs/acre
Winter e
or Fall
a competitor.
Lo(ium perenne
Perennial rye
Early Fall or
20-50% Shorter rye; lasts about 2 years,
Spring
then dies out.
Uroc(oa
Brown Top
Spring,
o Good germination; dies off with
20-50/o
ramose
Millet
Summer
frost; does not tolerate mowing.
Additional information related to streambank restoration activities is included on the Typical
Stream and Wetland Crossing Details.
Restoration Plan Prepared By:
S&ME, Inc.
9711 Southern Pine Blvd.
Charlotte, N.C. 28273
704.523.4726
Contact: Joey Lawler, PWS
ilawler@smeinc.com
NC Suppliers of native seed and plant material:
Mellow Marsh Farm
1312 Woody Store Road
Siler City, N.C. 27344
919.742.1200
919.742.1280 fax
www.mellowmarshfarm.com