20161079 Ver 1_NOV Response_20171009

October 9, 2017
N.C. Division of Water Resources
450 Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Attention: Ms. Sue Homewood
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Attention: David Bailey
Reference: Response to Notice of Violation 2017 -PC -0630
PNG Southern Alamance System Enhancements
Gibsonville, North Carolina
DWR project No. 2016-1079
USACE Action ID No. 2016-02226
S&ME Project No. 7435-16-053
Dear Ms. Homewood and Mr. Bailey:
This correspondence is in response to your September 27, 2017 Notice of Violation and Recommendation
for Enforcement letter (Appendix I) regarding the Piedmont Natural Gas (PNG) project referenced above.
The project is located near the Town of Gibsonville (Guilford County) and the City of Burlington (Alamance
County), North Carolina. The approximate center of the project is located at 36.060619° N, -79.552300° W
(Figure 1). The project was authorized under Nationwide Permit (NWP) No. 12 from the U.S. Army Corps
of Engineers (USACE) and the corresponding North Carolina Water Quality Certification from the N.C.
Division of Water Resources (DWR) on November 28, 2016.
Based on a September 22, 2017 site inspection that you conducted, it was determined that a temporary
work bridge pad had been installed within Back Creek (Stream Crossing #5) resulting in unauthorized
temporary impacts. In addition, unauthorized impacts were also observed at three other streams (#4, #6
and #7). Crossings #1-3 were not observed during the site visit.
In response to your letter, S&ME (Joey Lawler) met with representatives of PNG (Andy Rumley) and
Distribution Construction, LLC (Wayne Willard) at the project site on October 4, 2017 in order to review
the subject stream crossings and determine appropriate measures for restoring compliance. The
remaining stream/wetland crossings not observed during your site visit were also reviewed by S&ME.
Results of our site visit, along with the proposed measures that will be undertaken by PNG to bring the
crossings back into compliance, are listed below:
Crossing #1 (36.061132°N, -79.564203°W) — This stream crosses a portion of the easement that is
co -located within an existing sewer line easement, and was partially-riprapped prior to
construction of the gasline project. An excessive amount of new riprap was re -installed, and was
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

Response to Notice of Violation 2017 -PC -0630 S&ME Project No. 7435-16-053
PNG Southern Alamance System Enhancement October 9, 2017
observed to be inhibiting stream flow. Excess riprap will be removed, and the new confined to
the approximate limits/dimensions of its pre -construction placement.
Crossing #2 (36.061160°N, -79.560723°W) — This stream also crosses a portion of the easement
that is co -located within an existing sewer line easement, and was riprapped prior to construction
of the gasline project. Riprap in excess of the approximate amount that was present prior to
construction will be removed.
Crossing #3 (36.061257°N, -79.548002°) — This stream and wetland crossing were conducted by
horizontal directional drill with no travel lane or maintenance corridor established. Accordingly,
this crossing was not impacted and remains undisturbed.
Crossing #4 (36.061929°N, -79.543163°W) — A small pipe overtopped with gravel were observed
at this crossing. The pipe and gravel will be removed and the streambanks restored in
accordance with the project's original restoration plan.
Crossing #5 (36.062343°N, -79.538164°). Riprap was observed under -laying the equipment
bridge. We understand that the riprap and bridge have been removed and the stream banks are
being restored to their original grade and contour to the extent practicable, in accordance with
the project's original restoration plan.
Crossings #6 and #7 (36.061890°N, -79.533015°W / 36.061363°N, -79.536150° ). Riprap and pipes
were observed in these crossings. The pipes and riprap will be removed and the streambanks
restored in accordance with the project's original restoration plan.
The location of each of the subject crossings is provided on Figure 1, along with a copy of the project's
original Restoration Plan (Appendix II).
The contractor estimated that the work can be completed within approximately 1.5 weeks. Following
completion of the work, PNG will notify S&ME. We will then return to the site and document conditions
observed at the restored crossings. A follow-up report and photo -documentation will then be provided
to DWR for your review.
Thank you for your assistance in this matter. If you have questions or need additional information, please
feel free to contact us at 704.523.4726.
Sincerely,
S&ME
7_�_
Jo , P.W.S.
Project Manager
[e-mail]
Senior Review by Chris Stahl, PE

Figure 1

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Appendix I
September 27, 2017 Notice of Violation
Letter

Water Resources
September 27, 2017
CERTIFIED MAIL #7012 2920 0000 3656 0823
RETURN RECEIPT REQUESTED
Mr. Andy Rumley
Piedmont Natural Gas
116 Rainey St
Burlington NC 27215
ROY COOPER
:,olu
MICHAEL S. REGAN
S. JAY Z:IMMERMAN
Subject: NOTICE OF VIOLATION and RECOMMENDATION, FOR ENFORCEMENT
NOV-2017-PC-0630
Project No. DWR# 2016-1079
PNG Southern Alamance System Enhancements
Alamance/Guilford County
Dear Mr. Rumley:
On September 22, 2017, Sue Homewood with the Division of Water Resources Winston Salem
Regional Office conducted a compliance inspection of PNG Southern Alamance System
Enhancement with regard to authorization under 401 General Water Quality Certification No.
3884, DWR Project No. 2016-1079, issued to Piedmont Natural Gas (PNG) on November 28,
2016. David Bailey with the US Army Corps of Engineers was present conducting a 404
Nationwide Permit compliance inspection.
DWR Project No. 2016-1079, was issued to Piedmont Natural Gas for temporary impacts to six
streams, and temporary and permanent impacts to wetlands and riparian buffers for the
installation of natural gas pipeline in Alamance and Guilford. counties. During the compliance
inspection, it was determined that a temporary work bridge pad had been installed within Back
Creek (Stream crossing #5) resulting in temporary impacts that were not approved in the
authorization. In addition, impacts were present at three other stream crossings (#4, #6 & #7)
which were not identified in the 401 application and authorization. These areas were identified
as temporary excavation impacts in the 401 documentation, however during the inspection
culverts and fill were noted at each crossing. Discussions with PNG staff on site indicate that it
was intended that these impacts remain as permanent impacts. Finally, at stream crossing #6,
unauthorized impacts had occurred by the placement of riprap in the channel upstream of the
Right -of -Way. Crossings 1-3, and the jurisdictional wetlands within the project limits were not
inspected during the compliance visit.
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Page 2 of 3
NOV-2017-PC-0630
September 27, 2017
Accordingly, the following observations and violations or permit condition violations were noted
during the Division of Water Resources inspection and subsequent file review:
1. The additional impacts (both temporary and permanent) that have resulted from the
installation of the temporary work bridge pad and fill, riprap, and culverts at the identified
stream crossings are a violation of DWR #2016-1079 authorization dated November 28,
2016 Condition #1, which states the approved temporary and permanent impacts to the
streams and wetlands within the project boundaries.
2. The unauthorized temporary and permanent stream impacts as described above are
violations of Title 15A North Carolina Administrative Code 02B .0211 (2). Title 15A North
Carolina Administrative Code 02B .0211(2) requires that "The waters shall be suitable for
aquatic life propagation and maintenance of biological integrity, wildlife, secondary
recreation, and agriculture; sources of water pollution which preclude any of these uses
on either a short-term or long-term basis shall be considered to be violating a water
quality standard
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead address and
include the following:
1. Provide a stream restoration plan and schedule for the temporarily impacted area of
Back Creek.
2. Inspect all other impact areas throughout the project and provide the Division with a
report indicating the status of all jurisdictional areas (culvert/fill impact lengths and/or
restoration status).
3. Provide either an application requesting modification to DWR# 2016-1079 OR a
restoration plan for all impacted areas. Please note that any request for permanent
impacts must provide adequate documentation of purpose and need, and avoidance
and minimization.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Resources regarding
these issues and any future/continued violations that may be encountered. This office requires
that the violations, as detailed above, be abated immediately and properly resolved.
Environmental damage and/or failure to secure proper authorizations have been documented
on the subject tract as stated above. Your efforts to undertake activities to bring the subject site
back into compliance is not an admission, rather it is an action that must be taken in order to
begin to resolve ongoing environmental issues.

Page 3 of 3
NOV-2017-PC-0630
September 27, 2017
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above-
mentioned response to this correspondence, the degree and extent of harm to the environment
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur. Should you have any questions regarding these matters, please contact
Sue Homewood at 336-776-9693 or me at 336-776-9696.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
cc: David Bailey, USACE Raleigh Regulatory Field Office (via email)
Joey Lawler, S&ME Inc. (via email)
Buddy Gibson, PNG (via email)
WSRO File Copy
Karen Higgins — 401 & Buffer Permitting Unit

Appendix II
Original Project Restoration Plan

RESTORATION PLAN
PNG Southern Alamance System Enhancement
Alamance and Guilford Counties, 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*
Species
Common Name
Percentage of Mix
Elymus riparius
Riverbank wild rye
20
Panicum rigidulum
Redtop Panicgrass
8
Panicum 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
Along streambanks where wetlands are not present, the riparian mix identified in Table 2 shall be used.
Table 2: Riparian Seed Mix*
Elymus virginicus
Virginia wild rye
20
grostis perennans
Autumn bentgrass
15
Panicum virgatum
Switchgrass
15
Rudbeckia hirta
Black-eyed susan
10
Coreopsis lanceolata
Lanceleaf Coreopsis
10
ndropogon gerardii
Big bluestem
10
uncus effusus
Soft rush
5
chizachyrium scoparium
Little bluestem
5
orghastrum nutans
Indian grass
5
Tripsocum 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
Species
Seca(e cerea(e
Common ]
Cereal or
SeasMPM MOMOM
Early Spring
30 lbs/acre
Notes: =111M
Grows 3-4' tall, but not a strong
Winter rye
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 ramose
Brown Top
Spring,
20-50%
Good germination; dies off with
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
[e-mail]
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
2