20161119 Ver 1_More Info Received - Email_20161208

Non -electric utility lines - parallel impacts:
Exempt Allowable
Allowable Area in Table of Use
w/ Mitigation Where this Activity is Authorized
New non -electric utility line impacts other than perpendicular crossings
utility
- In Zone 2
X
- In Zone 1
X
Installing an additional non -electric utility line outside of a maintained corridor of an existing utility line easement:
utility
- In Zone 2
X
- In Zone 1
X
Installing an new non -electric utility line within a pre -established easement that does not currently contain a line:
utility
- In Zone 2
X
- In Zone 1
X
Installing a non -electric utility line within a pre -established maintained corridor (no new buffer impacts)
X
existing use
Maintaining/mowing an existing non -electric utility line maintenance corridor per buffer authorization
X
existing use
Maintaining/mowing an existing non -electric utility line maintenance corridor with:
- an existing maintenance corridor footprint (maintenance has occurred within last 10 years)
X
existing use
- no maintenance corridor footprint (no maintenance has occurred within 10 years)
X
protection of existing structures
Replacing an existing non -electric utility line within the footprint of the existing maintenance corridor with:
- a line the same size or larger and within an existing maintenance corridor footprint (no new buffer impacts)
X
existing use
- a line the same size or larger and within an unmaintained easement (>10 years)
X
protection of existing structures
Replacing an existing non -electric utility line outside of the footprint of the existing maintenance corridor:
utility
- In Zone 2 (buffer impacts outside of existing corridor)
X
- In Zone 1 (buffer impacts outside of existing corridor)
X
Non -electric utility lines - perpendicular impacts
Perpendicular impacts for vehicular access for maintenance of utility lines
X
protection of existing structures
(if fill occurs in stream then must apply for appropriate 404/401)

Strickland, Bev
From:Jonathan Oravetz <[e-mail]>
Sent:Thursday, December 08, 2016 1:53 PM
To:Smith, Cherri L
Subject:RE: Piedmont Natural Gas Line 6 - Ph. 1
Cherri,

In reference to you questions below the 15.946 acres of permanent impact is only related to a change in vegetation
from forested to herbaceous wetlands. It would be considered by the ACOE a “permanent conversion impact”. There is
no fill involved with these impacts however the ACOE is requiring wetland mitigation at 1:1 for these “conversion”
impacts.

I have reviewed the buffer mitigation memo you provided which does help provide additional insight into the stream
buffer mitigation requirements for utility project. In reviewing the document, it seems the project would fall under the
category of Replacing an existing non-electric utility line outside of the footprint of the existing maintenance corridor,
for which impacts to Zone 2 buffers are allowable. Based on this information, it seems we need to modify the proposed
mitigation to remove buffer mitigation related to the Zone 2 impacts. Can you confirm that I am interpreting this
correctly?

Also I looked over the 15A NCAC 02B.0259 Regulations one more time as it relates to allowable with mitigation impact
for Zone 1. The project maintenance corridor is 50ft wide, and construction will result in impacts to at least 50 linear ft
of riparian buffers at each perpendicular crossing, which exceed the thresholds of allowable for perpendicular
crossings. The project disturbance and maintenance footprint would fall into the allowable with mitigation category.

I have attached a copy of the reservation letter from the ILF program which states there are no available banks in the
project HUC basin. Since it seems we will not need to provide mitigation for Zone 2 buffers, do I need to get a revised
letter from ILF or can the permit be issued which only requires Zone 1 mitigation and we can make payment
accordingly?

Thanks again for the closer look at the project, it might have really saved us!

If you have any questions or need additional documentation please let me know.

Jonathan Oravetz

8933 Western Way, Suite 12
Jacksonville, FL 32256
o| 904.538.9171 x 1003
c | 386.314.9897
f | 904.538.9172

From: Smith, Cherri L \[mailto:[e-mail]\]
Sent: Wednesday, December 07, 2016 12:47 PM
To: Jonathan Oravetz <[e-mail]>
Subject: Piedmont Natural Gas Line 6 - Ph. 1

Hi Jonathan,
1

I’ve had a chance to review the application you submitted for the subject project, and I just had a couple of questions for
you. Are the 15.946 acres of permanent impacts to wetlands the result of a change in vegetation from forested to
herbaceous or do these permanent impacts involve fill? I’m just asking because the Division of Water Resources doesn’t
consider the change in vegetation from woody to herbaceous to be a permanent wetland impact (even though the
Corps does consider it to be a permanent impact).

Also, I can’t remember if I sent you the following memo regarding buffer mitigation:

https://ncdenr.s3.amazonaws.com/s3fs-
public/Water%20Quality/Surface%20Water%20Protection/401/Buffer%20Clarification%20Memos/Utility-When-
Mitigation-Or-Notification-Required-20110203.pdf

If not, you might want to take a look at the table that’s included to double check the buffer mitigation numbers you have
in the application. The riparian buffer rules left a lot of gaps in interpretation in regard to utility lines, and this memo
attempts to close some of those gaps. I think it could only serve to possibly lower the mitigation numbers for buffers so
that’s why I want to make sure you have it.

Also, I’ll need the reservation of credits letter for the buffer mitigation for this project from a mitigation bank or the NC
Division of Mitigation Services. The Division of Mitigation Services credits can be reserved only after it is determined
that there are no credits available through a mitigation bank. I’ll need to have a copy of the reservation of credits letter
for the wetlands mitigation as well.

Thank you for your help with these questions and additional items.

Cherri

Cherri Smith
NCDEQ Division of Water Resources
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628

ph. 919-791-4251

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2

Mitigation Services
ENVIRONMENTAL QUALITY
Chris Albers
Piedmont Natural Gas
4720 Piedmont Row Drive
Charlotte, NC 28210
PA'1 MCCRORY
Govcmor
DONALD R. VAN DER VAART
sec, PIOYI
November 14, 2016
Expiration of Acceptance: June 14, 2017
Project: PNG Line 6 Replacement Phase 1 County: Halifax and Northampton
This is a conditional acceptance letter.
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the
table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation
program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility
of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must
also comply with all other state, federal or local government permits, regulations or authorizations associated with
the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this
acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and
payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an
applicant is calculated based upon the Fee Schedule and policies listed at http://portal.nedenr.org/web/eep.
Based on the information supplied by you in your request to use the DMS, the impacts that may require
compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned
to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below.
-----.----- —r— •---•r• -• r-•�•• �•i �•� •• u n.. „ WW110iuinLy IVI NIVVIV II RJ, LI It:: UUII1Pt:-IIJdLury
mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July
28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation
program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-
8915.
cc: Jonathan Oravetz- agent
Sincerely,
Jam s B Stanfill
Asset Management Supervisor
State of North Carolina Environmental Quality Mitigation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000
919 707 8976 T
River CU Location Stream (feet)
Basin (8 -digit HUC)
Cold Cool Warm
Wetlands (acres) Buffer I Buffer II
(Sq. Ft.) (Sq. Ft.)
Riparian Non -Riparian Coastal Marsh
Impact
Chowan 03010204 0 0 0
0.09 0.722* 0 0 0
Impact
Roanoke 03010107 0 0 0
3.964 3.104 0 0 0
Impact
Tar -Pamlico 03020102 0 0 0
1.509 6.557 0 24,403 18,486
*DMS
credits
does not have non -riparian credit available in this HUC. We would propose the use of riparian wetland
for this impact. Unnn ro-n-int of navmant nnAc Will +n L, F...- -.,:,di..... SL.—
-----.----- —r— •---•r• -• r-•�•• �•i �•� •• u n.. „ WW110iuinLy IVI NIVVIV II RJ, LI It:: UUII1Pt:-IIJdLury
mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July
28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation
program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-
8915.
cc: Jonathan Oravetz- agent
Sincerely,
Jam s B Stanfill
Asset Management Supervisor
State of North Carolina Environmental Quality Mitigation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000
919 707 8976 T