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HomeMy WebLinkAbout20181640 Ver 3_Mod Request Memo and Part 1_20190923Staff Review Does this application have all the attachments needed to accept it into the review process? r Yes r No ID#* Version* 1 20181640 Is this project a public transportation project?* r Yes r No Reviewer List:* Anthony Scarbraugh:eads\adscarbraugh1 Select Reviewing Office:* Washington Regional Office - (252) 946-6481 Submittal Type:* Application Attachments Does this project require a request for payment to be sent?* r Yes r No Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: r New Project r Pre -Application Submittal r More Information Response r Other Agency Comments r For the Record Only (Courtesy Copy) r Stream or Buffer Appeal New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Is this supplemental information that needs to be sent to the Corps?* r Yes r No Project Contact Information Name: Shearin Dramby Who is subrritting the inforrration? Email Address: sdramby@drambyenv.com Project Information Existing ID #: Existing Version: 181640 2 20170001 (no dashes) Project Name: Line 439 Project Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docurrent Draft Permit Mod—word file final version.pdf 176.87KB Line 439 Permit Modification—Part 1 of 3.pdf 42.49MB Line 439 Permit Modification—Part 2 of 3.pdf 15.85MB Line 439 Permit Modification—Part 3 of 3.pdf 37.46MB Only pdf or Ivre files are accepted. Describe the attachments: Attached is the minor permit modification request along with 3 associated mapping attachments. rJ By checking the box and signing box below, I certify that: o I have given true, accurate, and complete information on this form; o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the online form." Signature: ['�a �/t.�ia�fr� af�irrasr�r� Submittal Date: Is filled in autorratically. Dramby Environmental Consulting, Inc. September 19, 2019 Ms. Emily Thompson Washington Regulatory Field Office U.S. Army Corps of Engineers 2407 West 51' Street Washington, NC 27889 AND Mr. Anthony Scarbraugh Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 Subject: Piedmont Natural Gas — Line 439 Project Minor Permit Modification Submittal Greenville, North Carolina Emily and Anthony: y DRAM BY ENVIRONMENTAL CONSULTING On behalf of Piedmont Natural Gas, Dramby Environmental Consulting, Inc. (DEC) is pleased to provide you with the following minor permit modification submittal for the Line 439 Project located in Pitt County, North Carolina. This permit modification is being submitted in association with previously issued permits received by Piedmont Natural Gas noted below and included in Attachment A: • U.S. Army Corps of Engineers (USACE) Permit Number: SAW -2019-00181 a) Received on August 12, 2019 • North Carolina Department of Environmental Quality Number: DWR 918-1640 a) Received on April 26, 2019 The purpose of the proposed permit modification is a result of minor design changes that are necessary in order to rectify landowner constraints and safe construction accessibility that have surfaced since permit submittal. Similarly, other minor changes in design are also being requested by the General Contractor (Price Gregory) in order to provide additional construction techniques and sequencing scenarios to be implemented that has helped with further reducing, in many instances, impacts to wetland and stream resources and riparian buffers, while also increasing overall safety needed throughout the duration of construction. These required minor design changes, including the addition of a HDD installation, have been detailed on the updated graphics located in Attachment B (i.e., Updated Pre -Construction Notification Exhibits & Updated Riparian Buffer Exhibits). These changes are also generally summarized below: Dramby Environmental Consulting • 2707 West Cary Street, Richmond, VA 23220 • (757) 894 -1673 Ms. Emily Thompson — USACE Mr. Anthony Scarbraugh - NCDWR September 19, 2019 Page 2 of 4 • USACE Permit Number: SAW -2019-00181 (see attached graphics and associated tables for details; along with the updated USACE Water's Upload Table) a) Wetland Temporary Impact = Previously permitted 18.49 acres (Updated = 18.25 acres; calculation does not include reduction of PUB Impact from 0.16 acres to 0.061 Acres) ■ Overall reduction in 0.24 acres b) Wetland Permanent Conversion = Previously Permitted 13.739 acres (Updated = 13.73 acres) ■ Overall reduction in 0.009 acres c) Wetland Permanent Loss — Previous 0.065 acres (Updated = 0.109 acres; calculation does not included increase of PUB Impact of 0.098 acre resulting from proposed fill of manmade farm pond; additional impacts can be associated with permanent access roads) ■ Increase in 0.04 acres d) Tributaries Temporary —Previous 5,479 LF (Updated= 4,310 LF) ■ Overall reduction of 1,169 LF e) Tributaries Permanent Impact = Previous 235 LF (Updated = 75 LF) ■ Overall reduction of 160 LF • North Carolina Department of Environmental Quality Number: DWR #18-1640 (see attached graphics and tables for details; all other Riparian Buffer Impacts remained the same based on revised designs). a) Neuse River Riparian Buffer No. 1 (Sheet 3 of 87) ■ Zone 1 Temporary • PSS — Increased 1,813.86 ft2 • Upland — Increased 452.24 ft2 ■ Zone 2 Temporary • Upland — Increased 1,539.22 ft2 b) Neuse River Riparian Buffer No. 6 (Sheet 26 of 87) ■ Zone 1 Temporary • Upland — Decreased 125.23 ft2 ■ Zone 2 Temporary • Upland — Decreased 820.99 ft2 c) Tar River Riparian Buffer No. 24 (Sheet 71 of 87) ■ Zone 1 Temporary • Upland — Decreased 3,018.23 f12 ■ Zone 2 Permanent • Upland — Decreased 294.47 ft2 ■ Zone 2 Temporary • Upland — Decreased 2,927.91 f12 d) Tar River Riparian Buffer No. 25 (Sheet 74 of 87) ■ Zone 1 Permanent • Upland — Increased 214.19 ft2 • Modified Stream — Decreased 30.65 ft2 ■ Zone 2 Permanent 0 Upland — Increased 25.91 ft2 Ms. Emily Thompson — USACE Mr. Anthony Scarbraugh - NCDWR September 19, 2019 Page 3 of 4 • Modified Stream — Decreased 11.98 112 e) Tar River Riparian Buffer No. 26 (sheet 75 of 87) ■ Zone 1 Permanent • PSS — Increased 214.19 ft2 • Upland — Decreased 146.44 112 ■ Zone 1 Temporary • PSS — Decreased 136.86112 • Upland— Decreased 101.11 112 ■ Zone 2 Permanent • Upland — Decreased 15.04 112 ■ Zone 2 Temporary • Upland — Decreased 216.78 112 I) Tar River Riparian Buffer No. 27 (Sheet 76 of 87) ■ Zone 1 Permanent • Upland — Decreased 74.76 ft2 ■ Zone 1 Temporary • PFO — Decreased 1,027.36 ft2 • Upland — Decreased 87.22 112 ■ Zone 2 Temporary • PFO — Decreased 5.07 112 • Upland — Decreased 498.61 ft2 g) Tar River Riparian Buffer No. 32 ■ Zone 1 Permanent • PFO — Decreased 262.28 112 • Upland — Increased 240.15 112 ■ Zone 1 Temporary • PFO — Decreased 1,172.16 112 • Upland— Decreased 202.10 112 ■ Zone 2 Permanent • PFO — Increased 118.14 112 • Upland — Decreased 842.78 112 ■ Zone 2 Temporary • PFO — Decreased 136.73 112 • Upland — Decreased 2,023.21 ft2 Updated — Neuse and Tar River Riparian Buffer Impacts Neuse River ■ Zone 1 Temporary • PSS — Increased 1,813.86 112 • Upland — Increased 327.01112 ■ Zone 2 Temporary 0 Upland — Increased 718.23 ft2 Ms. Emily Thompson — USACE Mr. Anthony Scarbraugh - NCDWR September 19, 2019 Page 4 of 4 Tar River • Zone 1 Permanent • PFO — Decreased 262.28 112 • PSS — Increased 214.19 ft2 • MS — Decreased 30.65 ft2 • Upland — Increased 233.22112 • Zone 1 Temporary • PFO — Decreased 2.199.52 ft2 • PSS — Decreased 136.86 112 • Upland — Decreased 3,408.66 112 • Zone 2 Permanent • PFO — Increased 118.14112 • MS — Decreased 11.98 ft2 • Zone 2 Temporary • PFO — Decreased 141.80 112 • Upland — Decreased 5,666.51 f12 No additional compensatory mitigation is being proposed at this time based on this permit modification submittal due to the proposed overall avoidance and minimization of impacts. Please contact me at (757) 894-1673 or at SDramby&Drambyenv.com should you have any questions or require additional information. Thank you for your time and consideration of this permit modification submittal and your continued support on the Line 439 project. On behalf of Piedmont Natural Gas, we look forward to a favorable response to our submittal. Sincerely, Dramby Environmental Consulting, Inc. J. Shearin Dramby Principal/Senior Regulatory Specialist Attachment A USACE and NCDWQ Issued Permits ORAMBY �: y' U.S. ARMY CORPS OF ENGINEERS W 1 LM iNGTON DISTRICT Action id. SAYS' -2019-00181 County: Pitt County U.S.G.S. Quad: Greenville SE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Piedmont Natural Gas c/o Mr. Aaron Weldon Address: 4720 Piedmont Row Drive Charlotte North Carolina 28210 Telephone Number: 704-731-4153 Size (acres) 664 Nearest Town Greenville Nearest Waterway Tar River River Basin Pamlico USGS RUC 03020103 Coordinates Latitude: 35.59401.5 Longitude: -77.29421 Location description: The project review area is approximately 20 miles in length and encompasses approximately 664 acres within the Tar -Pamlico and Neuse River Basins south of Greenville, in Pitt County, NC. Description of projects area and activity: Piedmont Natural Gas (PNG) pra oses to install approximately 20 miles of 12 -inch natural eas transmission line in Pitt County, NC. The review area is comprised of existing a ricultural land residential develo mments and undeveloped natural ve etated communities. Named waters of the United States to be crossed include (from east to west), the Tar River, Bates Branch, Juniper Branch Fork Swamp, Swift Creek, and Horsell Swamp. impacts to 'urisdictional areas associated with thisproject: a Wetlands temporary 18.49 acres-, b Wetlands Etermanent conversion 13.739 acres, c) Wetlands permanent loss 0.065 acres; d) Tributaries temporary 5,479 linear feet; and e) Tributaries permanent impact 235 linear feet total in three locations a ricultural ditch). Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: 12 Utility Line Activities SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated March 11, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class l administrative penalty, and/or appropriate legal action. it has been determined that the activities authorized do not impair the usefulness of the USAGE Navigation project and are not injurious to the public interest. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. if, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Washington, NC, at (252) 946-6481. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Emily Thompson at (910) 251-4629 or Emily B Thomusonna usace.army.mil. LEKSON.DAVID.M.1229"798 b'9trmNuP'ahy ewu uAwn.M. u=v®=o,3 Corps Regulatory Official: s �• _ �� _ «7 Date: August 12, 2019 Expiration Date of Verification: March 18, 2022 A. Determination of Jurisdiction: 1. ® There are waters including wetlands on the above described project area that may be subject to Section 404 of the Clean Nater Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Pail 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of ally work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon fora period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years froin the date of this notification. 4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW - B. Basis For Jurisdictional Determination: The wetlands within the Dro9ect area were delineated using.the Corps of Engineers 1987 Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Re ional SuDrilement Version 2.0. C. Ret -narks: The waters,including wetlands within the Droiect area are accurately depicted on the attached Delineation Mas Ma 1-24 created by Dramby Environmental Consulting, Inc. and VHS Inc. dated March 11 2019. LEKSON.DAVID.M.12298279$3 o'e3019A9,17'eis� on�vro.An.iu9az=�a Corps Regulatory Official: Emily Thompson Date of JD: April 19, 2019 Expiration Date of JD: NIA The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete aur Customer• Satisfaction Survey, located online at lett :/Icor sma)u.usace.arm .rail/cm a ex/i'? =136:4:0. Copy furnished (via e-mail); Dratnby Environmental Consulting, Inc. c/o Shearin Dramby 8801 Fast Park Drive Suite 301 Raleigh, North Carolina 27612 (757)894-1673 sdramby@drambyenv.com SAW -2019-00181 SPECIAL CONDITIONS 1, Work Limits: All work authorized by this permit shall be performed in strict compliance with the attached permit plans dated March 11, 2019 which are a part of this permit. The Permittee sbali ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Any modification to the attached permit plans must be approved by the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands. 2. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction meeting between its representatives, die contractor's representatives, and the appropriate U.S. Army Corps of Engineers Project Manager prior to undertaking any work within and/or under the Tar River and its floodplain wetlands to ensure that there is a mutual understanding of all terms and conditions contained within this Department of the Army permit. The Permittee shall invite the Corps and NCDWR a minimum of thirty (30) days in advance of the scheduled meeting in order to provide those individuals with ample opportunity to schedule and participate in the required meeting. The thirty (30) day requirement can be amended with the concurrence of the Corps. 3. Hydraulic Fracturing (Fracking): When directional boring or horizontal directional drilling (HDD) under waters of the United States, including wetlands, the Permittee shall closely monitor the project for hydraulic fracturing or "fracking" and material from the drilling operation leaching to the surface and into jurisdictional areas. Any discharge from fracking or leaching into waters of the United States, including wetlands, shall be reported to U.S. Army Corps of Engineers, Wilmington District Washington Field Office, Attn: Ms. Emily Thompson at 910-251-4629, or Entity.B.Thompsan@usace.army.mil within 48 hours. Restoration andlor mitigation may be required as a result of any unintended discharges. 4. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps -approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Sediment and Erosion Control: a. During lite clearing phase of the project, heavy equipment shall not be operated in surface waters or stream channels. Temporary stream crossings will be used to access the opposite sides of stream channels. All temporary diversion channels and stream crossings will be constructed of non -erodible materials. Grubbing of riparian vegetation will not occur until immediately before construction begins on a given segment of stream channel. b. No fill or excavation impacts for the purposes of sedimentation and erosion control shall occur within jurisdictional waters, including wetlands, unless the impacts are included on the plan drawings and specifically authorized by this permit. This includes, but is not limited to, sediment control fences and other barriers intended to catch sediment losses. c. The Permittee shall remove all sediment and erosion control measures placed in waters and/or wetlands, and shall restore natural grades on those areas, prior to project completion. d. The Permittee shall use appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" to ensure compliance with the appropriate turbidity water quality standard. Erosion and sediment control practices shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to ensure compliance with the appropriate turbidity water quality standards. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project shall remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate sedimentation and erosion control measures shall be implemented prior to any ground disturbing activities to minimize impacts to downstream aquatic resources. These measures shall be inspected and maintained regularly, especially following rainfall events. All fill material shall be adequately stabilized at the earliest practicable date to prevent sediment from entering into adjacent waters or wetlands. 6. Environmental Monitoring Plan. The Permittee shall implement the Environmental Monitoring Plan as described in Appendix J of the preconstruction notification. Should any compliance issues be identified, the Permittee must contact the Corps within 24 hours of discovery to address remediation measures. 7. Compensatory Mitigation. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit. Construction within jurisdictional areas authorized by this permit may commence only after the Corps is in receipt of a copy of the document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements. 8. Temporary Impacts Restoration Measures. Within thirty (30) days of the date of completing die authorized work, the Permittee shall remove all temporary fills in waters of the United States and restore the affected areas to pre -construction contours and elevations. The affected areas shall be re -vegetated with native, non-invasive vegetation as necessary to minimize erosion and ensure site stability. In wetland areas where pipeline installation via trenching is authorized, wetland topsoil shall be segregated from the underlying subsoil, and the top 6 to 12 inches of the trench shall be backfilled with topsoil from the trench. 9. Impacts to Federal Projects: a. In the unlikely scenario in which a section of pipeline that traverses the federal project fails or otherwise requires repair, Piedmont Natural Gas (PNG) will first ensure that any safety risks are addressed and will notify the USAGE immediately. Subsequent to that action, PNG will take necessary steps to replace or repair the subject section, following necessary and required coordination with the USACE regarding Section 408 permission and Regulatory Permit modifications or authorizations, PNG will work collaboratively with the USACE to identify the appropriate corrective action, PNG understands that it will be responsible for implementing the appropriate corrective action and that any proposed corrective action may require a change to die original approved alteration or a new Section 408 request, depending on the proposed action, As there are multiple, though unlikely, failure scenarios, it would be imprudent and infeasible to address any specific one at this time, however, if feasible, PNG would repair or replace the pipe in its current location, rather than adjacent to its current location. b. This permit does not authorize the interference with any existing or proposed Federal project, and the Permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. No attempt will be made by the Permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. c. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or, work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Aaron Weldon Project Name: PNG Pipeline #439 Project Action ID: SAW -2019-00181 County; Pitt instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USAGE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (NUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Neuse River Basin *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. pensatory Mitigation Requirements: 8 -digit HUC and Basin: 03020202, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Coal Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 11.19 Mitigation Site Debited: NCDMS (List the name of the bank to be debited, For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USAGE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Nam Name of Sponsor's Authorized Representative: Signature of sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 14 September, 2017 U.S. ARMY CORPS OF ENGINEERS Wilmington District Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance, NCDOT remains fully responsible forthe mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/1LF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. if changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). if approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1, Once signed, the Sponsor should provide copies of this form along with on updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3j the Wilmington District Mitigation office, Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd.tug well@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Emily Thompson USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: Emily.B.Thompson@usace.army.mil THOMPSON.EMILY.B.154904 Digitalty signed by 991 THOMPSON.EMILY.6,7549049911 Date: 2019.08.13 15:40:02 -04'00' USACE Project Manager Signature August 12 2019 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at httl2://ribits.usace,,grmy.mil. Page i of 2 Form Updated 14 September, 2017 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Aaron Weldon Project Name: PNG Pipeline #434 Project Action ID: SAW -2019-00181 County: Pitt Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements aprmittPd Imnacts Reouirina Mitigation*: 8 -digit HUC and Basin: 03020103, Tar -Pamlico River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 4.357 *if more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. rmmnnnantnru Mitiontinn Reouirements: 8 -digit HUC and Basin: 03020103, Tar -Pamlico River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 5.943 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Na Name of Sponsor's Authorized Represe Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 14 September, 2017 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this farm along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and3) the Wilmington District Mitigation Office, Attn. Todd Tugwell, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd. tug well@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Emily Thompson USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 59 Darlington Avenue Wilmington, NC 28403 Email: Emily.B.Thompson@usace.army.mil THOMPSON.EMILY.B.15490 Digitally signed by 4991 T110MPSON.EMILY.B,754904991 1 Date. 2019.08.1315:40:35-04'OO' USACE Project Manager Signature August 12 2019 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace,army.mil. Page 2 of 2 The Wilmington District Is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer satisfaction Survey located at our website at.httregLiJatory.tisocesurvey.comto complete the survey online. Action ID Number: SAW -2019-00181 County: Pitt County Permittee: Piedmont Natural Gas Mr. Aaron Weldon Project Name: PNG Pipeline #439 Proacet/Pitt Date Verification Issued: August 12, 2019 Project Manager: Emily Thom son Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Emily Thompson Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Piedmont Natural Cas c/o Mr. Aaron Weldon I File Number: SAW -2019-00181 I Date: April 1-9,2019 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at littp://N"vw.usace.ai-iiiy.iniI/Missions/CivilWorksLRelatoryPropraniandPeriiiits.MK or Corps regulations at.33. CFR Part 33 I. A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section It of this form and return the forni to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may acceptor appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of die LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional deterini nations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section [I of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section lI of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify tite Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: if you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION lI - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION. The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you Process you may contact: may also contact.- ontact:District DistrictEngineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer Emily Thompson CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, North Carolina 28403 60 Forsyth Street, Room I OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a IS day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily Thompson, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 ROY COOPER Gni,ernor MICHAEL S. REGAN sec-roary LINDA CULPEPPER ❑rredor Piedmont Natural Gas Attn: Aaron Weldon 4720 Piedmont Row Drive Charlotte, North Carolina 28210 NORTH CAROLINA Environmental Qualify April 26, 2019 DWR # 18-1540 PITT County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS APPROVAL OF NEUSE AND TAR-PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS PIEDMONT NATURAL GAS LINE 439 REPLACEMENT PROJECT (FORMERLY KNOWN AS PNG LINE 24 REPLACEMENT PROJECT) Dear Mr. Weldon: You have our approval for the impacts listed below for the purpose described in your application dated November 29, 2018 and received by the Division of Water Resources (Division) on November 29, 2018 with subsequent information received on March 12, 14, and 25, 2019. These impacts are covered by the attached Water Quality General Certification Number 4133, Neuse, Tar -Pamlico River Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)], 15A NCAC 02B.0233(8), and 15A NCAC 02B .0259(8)] Type of Impact Amount Amount Approved Plan location/ Approved (units) (units) Reference Permanent Temporary Wetland W-1— W-6, W -g — W-93' PCN EXHIBITS Sheet W-96 — W-99, W-102 — W 13,82 (acres) 18.65 (acres) 1 -92 dated March 120, W-122, W-125 — W- 11, 2019 134, W-138 — W-145, W- ,� North Carolina Deparrmrnt of Environmental Quail%y Division of Water Rrsourecs f EQWoshitigttxt itegiotial Office 1 443 Washington Square Mall i Washington, North Car dina 27884 ,a 252.44b-6481 Piedmont Natural Gas Line 439 Replacement DWR # 18-1540 401 AND BUFFER APPROVAL Page 2 of 6 147 - W-160, W-152 - W- 168, W-173 - W-177, W- 179 - W-190, W-192 - W- 192 - W-218, and W -220- W-222 (Landing Clearing and Fill) Stream S-7, 5-50, 5-75, 5-100, S- PCN EXHIBITS Sheet 101, 5-151, 5-178, 5-191, 0 (linear feet) 1313 (linear feet) 1 -92 dated March 5-195, and 5-219 (Excavation and Fill) 11, 2019 Waters' W-24, W-31, W-44, W-66, W-71, W-74, W-84, W-85, W-87, W-94, W-95, W PCN EXHIBITS Sheet 121, W-123, W-124, W- 0.02 (acres) 0.71 (acres) 1 -92 dated March 135 - W-137, W-146, W- 11, 2019 157, W-160, and W -159- W-172 (Excavation and Fill) Neuse Buffer Sub -Basin 030'302032 Buffer Zone 1 (B-1 and B-2 3,792 5,24fi (square feet) RIPARIAN BUFFER for Land Clearing) (square feet) EXHIBITS SHEET 1-87 dated March 11, Buffer Zone 2 (131 and B-2 4,042 for Land Clearing) (square feet) 4,627 (square feet) 2019 Neuse Buffer Sub -Basin 03030202 Buffer Zone 1 (134 - Bfi, B- 10, and B-15 for Land 18,839 20,389 (square feet) RIPARIAN BUFFER Clearing] (square feet) EXHIBITS SHEET 1-87 dated March 11, Buffer Zone 2 (134 - Bfi, B- 10, and B-15 for Land 0,235 1are 7,286 (square feet) 2019 Clearing) f (square feet] Tar -Pamlico Buffer Sub -Basin 03030103 Buffer Zone 1 (B-20, B-24, B-26 - B-29 and B2 for 26,941 (square feet] 21,433 (square feet) RIPARIAN BUFFER Land Clearing} EXHIBITS SHEET 1-87 dated March 11, Buffer Zone 2 (B-20, B-24, B-26 - B-29 and B2 for 17,078 (square feet) 2019 Land Clearing) f (square feet] (square "Reported Stream impacts for 24, 31, 44, 66, 71, 74, 84, 85, 87, 94, 95, 121, 123, 124, 135, 136, 137, 146, 157, 160, 169, 170, 171, 172 were reported as impacts to Waters. 2streams associated with Buffer impacts 3, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 19, 21, 22, and 25 were determined to be "Exempted" from the Neuse and Tar -Pamlico Buffer Rules. 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given Piedmont Natural Gas Line 439 Replacement DWR # 18-1640 401 AND BUFFER APPROVAL Page 3 of 6 a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B ,0507(d)(2)] 3. Compensatory Mitigation Using a Mitigation Bank Mitigation must be provided far the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Flat Swamp Mitigation Bank to meet this mitigation requirement. Until the Flat Swamp Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Flat Swamp Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02H ,0506 (b)(6)]: 4. Compensatory Mitigation Using the Division of Mitigation Services [DMS] Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory River & Sub -basin Mitigation Required Number Buffers -Zone 1 47,409 (square feet) Neuse -03020202 Buffers -Zone 2 9,082 (square feet) Neuse -03020202 4. Compensatory Mitigation Using the Division of Mitigation Services [DMS] Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory River & Sub -basin Mitigation Required Number Neuse - Wetland 9.38 (acres) 03020202/03020203 Wetland 4.36 (acres) Tar -Pamlico 03020103 Buffers -Zone 1 6,474 (square feet) Neuse -03020203 Buffers -Zone 2 5,640 (square feet) Neuse -03020203 Buffers -Zone 1 31,995 X 2 (out of 8 HUC multiplier) = Tar -Pamlico 03020103 63,990 (square feet) Buffers -Zone 2 17,966 X 2 (out of 8 HUC multiplier) = Tar -Pamlico 03020103 35,932 (square feet) Piedmont Natural Gas Line 439 Replacement DWR # 18-1640 401 AND BUFFER APPROVAL Page 4 of 6 5. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s)4133. [15A NCAC 02B .0507(c)] Other Conditio 6. Protective Fencing All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b) (2) and (c)(2) and 15A NCAC Q2H .0507 (c)] The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.] Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), 1SA NCAC 02B .0233 (6), and 15A NCAC 02B .0259(6)] 8. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State, and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. {15A NCAC 02B .0200 and 15A NCAC 02B .02311 9. No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts (including temporary impacts) as authorized under this Certification. [ISA NCAC 02B .0200] 10. Mixing of topsoil and subsoils within wetlands shall be minimized to the greatest extent practical. During excavation, the sails shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from trenched should be piled separately from soil and backfilled into the trench only after the subsoils have been placed and compacted. [15A NCAC 02H .0506(c)(2)] 11. Horizontal Directional Drilling Documentation of the composition and properties of drilling fluids and additives, including manufacturer's literature and Safety Data Sheets for each horizontal directional drilling crossing must be submitted to the Division no less than 30 calendar days prior to commencement of the particular crossing using the following link: h'ttps://edoc.deg,nc.pnv/Forms/Supnlemental- Information-Form. Piedmont Natural Gas Line 439 Replacement DWR # 18-1640 401 AND BUFFER APPROVAL Page 5 of 6 If an advertent return enters a surface water, wetland or protected riparian buffer, PNG will notify Washington Regional Office, as appropriate, within 24 -hours of detection at (2S2) 946-6481. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200(3){f) and GS 143 Article 21A) 12. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for Complying with all conditions. [15A NCAC 02B ,0507(d)(2)) 13. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51 These Certifications can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as DAH). A petition form may be obtained from the DAH at http://www.ncoah.com/ or by calling the DAH Clerk's Office at (919) 431-3000 for information. Within sixty J60) calendar days of receipt of this notice, a petition must be filed with the DAH. A petition is considered filed when the original and one (1) copy along with any applicable DAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00arn and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the DAH within five (5) business days following the faxed transmission. Mailing address for the DAH: if sending via US Postal Service: if sending vire delivery service (UPS, FedEx, etc.): Office of Administrative Office of Administrative Hearings Hearings 1711 New Hope Church Road 6714 Mail Service Center Raleigh, NC 27609-6285 Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-16 Piedmont Natural Gas Line 439 Replacement DWR # 19-1640 401 AND BUFFER APPROVAL Page 6 of 6 This letter completes the review of the Division under section 401 of the Clean Water and Neuse and Tar -Pamlico Riparian Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr gov if you have any questions or concerns. Sincerely, Re" TR.,." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section division of Water Resources, NCDEQ Enctosures: GC 4133 Certification of Completion cc: Emily Thompson, LISACE Washington Regulatory Field Office (via email) Samir Dumpor, D£MLR WaRO (via email) Katie Merritt, DWR Central Office (via email) Laserfiche Shearin Dramby, Dramby Environmental, Inc, )via email) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES (NATER QUALITY GENERAL CERTIFICATION NO. 4133 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • NATIONWIDE PERMIT 12 (UTILITY LINE ACTIVITIES) Water Quality Certification Number 4133 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12) of the US Army Corps of Engineers regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. Effective date: December 1, 2017 Signed this day: December 1, 2017 By for Linda Culpepper Interim Director GG4133 Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Resources (DW R): a) If any of the Conditions of this Certification (listed below) cannot be met; or b) Total permanent impacts to wetlands or open waters equal to or greater than one-tenth (1/14) acre within the entire utility project; or c) Any permanent impacts to streams; or d) Total temporary impacts to streams greater than 500 feet within the entire utility project; or e) Any stream relocation or stream restoration; or f) Any high-density utility line and associated facilities project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which: I. Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii. Has permanent wetland, stream or open water impacts; and iii, Is proposing new built -upon area; and iv. Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state -approved local government stormwater program. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs and projects that satisfy state or locally - implemented stormwater programs through use of community in -lieu programs require written approval; or g) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as: ❑RW (including SAV), HQW (including PNA), SA, WS -I, WS -II, Trout, or North Carolina or National Wild and Scenic River; or h) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands (UWL); or i) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or j) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse, far -Pamlico, or Catawba River Basins or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules (Buffer Rules] in effect at the time of application) unless: i. The activities are listed as "EXEMPT" from these rules; or ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or ' e.g. Coastal Counties, HQW, aRW, or state -implemented Phase II NPDES e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 2 of 12 GC4133 iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval. I. ACTIVITY SPECIFIC CONDITIONS: 1. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T. 2. Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(4) and (c) (4)] 3. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank). Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 4. Construction corridors in wetlands and across stream channels shall be minimized to the maximum extent practicable and shall not exceed 50 feet wide for gas utility lines and 40 feet wide for all other utility lines. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)] For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping of topsoil within wetlands along the construction corridor is not permitted. 5. Permanent maintained access corridors in wetlands and across stream channels shall be restricted to the minimum width practicable and shall not exceed 30 feet wide for gas utility lines and 20 feet wide for all other utility lines except at manhole locations. 15 -foot by 15 - foot perpendicular vehicle turnarounds shall be allowed in access corridors but must be spaced at least 500 feet apart. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific Page 3 of 12 GC4133 infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the anti -seep collars. [15A NCAC 02H .0506 (b)(4) and (c)(4)] The following specifications shall apply to class B concrete: a. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 b. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 c. Maximum water -cement ratio gallons per sack 6.8 d. Slump range 2" to 4" e. Minimum strength - 28 -day psi 2,500 7. The applicant shall have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area. [15A NCAC 02H .0505 (b)(2) and (c)(2)] The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. 8. For the North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NC5000250 shall serve to satisfy this condition. All other high- density utility line and associated facilities projects that trigger threshold Item (f) above shall comply with one of the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)] a. Provide a completed 5tormwater Management Plan (SMP) for review and approval, including all appropriate stormwater control measure (SCM) supplemental forms and associated items, that complies with the high-density development requirements of 15A NCAC 02H .1003. 5tormwater management shall be provided throughout the entire project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Provide documentation (including calculations, photos, etc.) that the project will not cause degradation of downstream surface waters. Documentation shall include a detailed analysis of the hydrological impacts from stormwater runoff when considering the volume and velocity of stormwater runoff from the project built upon area and the size and existing condition of the receiving stream(s). Exceptions to this condition require application to and written approval from DWR. II. GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502] Page 4 of 12 GC4133 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. [15A NCAC 02H .0501 and .0502] No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B.0200] 3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory mitigation may be required for losses of greater than 300 linear feet of perennial streams and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a dam shall not require mitigation when the removal complies with the requirements of Part 3 of Article 23 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated and other non -404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 300 linear feet per perennial stream. Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. 5. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 [Sediment and Pollution Control Act of 1973]. Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 021-1.0506 (b)(3) and (c)(3) and 15A NCAC 02B.0200] Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. Page 5 of 12 GC4133 For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS -I, WS -11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .0502] 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02B .0201] 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. Ail work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] 10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H .0506 (b)(2) and 15A NCAC 046.0125] Page 6 of 12 GC4133 All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)] Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 calendar days prior to the installation of the culvert, When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. If other site-specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Page 7 of 12 GC4133 Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA -designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H.0506(b)(5)1 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B.0200 and 15A NCAC 02B.02311 14, if concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [ 15A N CAC 02 B .0200] 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile, For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)] 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H ,0506(b)(2) and (c)(2)] Page 8 of 12 GC4133 17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211(12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23. If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency. [15A NCAC 01C .0107(a)] Page 9 of 12 GC4133 24. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non - Discharge, Water Supply Watershed, and Trout Buffer regulations. 25. The applicant and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(4) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If DWR determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] 26. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 27. When written authorization is required for use of this Certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website: https://edocs.dea.nc.gov/Forms/Certificate-of-Com Ig etion). [15A NCAC 02H .0502(f)] 28. Additional site-specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 29. If the property or project is sold or transferred, the new permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] III. GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. An applicant for a LAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7). Page 10 of 12 GC4133 2. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)j 4. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the U5 Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources, 5. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in this category of activity if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream waters are precluded. History Note: Water Quality Certification (WQC) Number 4133 issued December 1, 2017 replaces WQC 4086 issued March 3, 2017; WQC 3884 issued March 19, 2012; WQC Number 3819 issued March 19, 2010, WQC Number 3699 issued November 1, 2007; WQC Number 3625 issued March 19, 2007; WQC Number 3374 issued March 18, 2002; WQC Number 3288 issued June 1, 2000; WQC Number 3101 issued February 11, 1997; WQC Number 3022 issued September 6, 1995, WQC Number 2664 issued January 21, 1992. Page 11 of 12 GC4133 ANTI -SEEP COLLAR F --- I I inchesI Utility Line I I (Diameter Varies) I I foot i �^ �I I t Class B Concrete or Compacted Clay B inches ranch Width G inches Not to exceed 40 feet SECTION Class B Concrete qr Compacted Clay 12 inches E inches H-4- _44.6 inches PLAN Page 12 of 12 ROY COOPER cover„or MICHAEL S. REGAN Secretary LINDA CULPEPPER Director DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: NORTH CAROLINA Environmental Quality County: Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved pians and specifications, and other supporting materials. 5ignature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compiiance and intent of the 401 Water Quality Certification and /or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this Project was designed by a Certified Professional I, 'as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date North Carolina Depariment ref Cnylronmenrdl Quality Division cif Warm Resourecs Washing€on PegiaaeaI Office 1 943. Washington Square Mall I Washington. North CarAiina 27889 252.4}¢_r 461 ROY COOPER Governor MICHAEL S. REGAN Serrotary LINDA CULPEPPER D r etor Piedmont Natural Gas Attn: Aaron Weldon 4720 Piedmont Row Drive Charlotte, North Carolina 28210 NORTH CAROLINA Environmental Quality April 23, 2019 DWR #18-1640 V2 PITT County Subject: On -Site Determinations for Applicability to Neuse River Riparian Buffer Rules (15A NCAC 02B .0233) and Tar -Pamlico River Riparian Buffer Rules (15A NCAC 02B4O259) Subject Property/ Project Name: Piedmont Natural Gas Line 439 Replacement Project (Formerly known as PNG Line 24 Replacement Project) Address/Locatiow South Intersection of Pollard Rd and Nash Joyner fid in Bell Arthur to South Intersection of Old Pactolus Highway and Sunnyside Rd in Greenville Streams) Eva tuated: Uts to Horsepen Swamp, Horsepen Swamp, Uts to Swift Creek, Swift Creek, Uts to Fork Swamp, Fork Swamp, Uts to Juniper Branch, Juniper Branch, Uts to Bates Branch, Uts to Mill Branch, Mill Branch, Uts to Tar River, Tar River, Uts to Baldwin Swamp Determination Date: 04/17/19, 04/18/19 and Staff: Anthony Scarbraugh/Chris Pullinger 04/22/19 Determination Type: Buffer: Stream: ® Neuse (15A NCAC 02B.0233) ❑ Intermittent/Perennial Determination ® Tar -Pamlico (15A NCAC 02B ,0259) ❑ Catawba (15A NCAC 02B.0243) ❑ Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) ❑ Randleman (15A NCAC 02B .0250) ❑ Goose Creek (15A NCAC 02B ,0605-.0608) North Carolina Depari ment of Envlronmentdl Quality Division car Water Resources Washifig€ott PegicotaI Office I q43. Washington Square Mall I Washington. North CarAlina 27889 Pitt County Page 2 of 3 Stream E/I/P* Not Subject Subject Start@ Stop@ Soil Survey LJSGS Topo A I X Flag: A Begin Flag: A End x AB I X Flag: AB Begin Flag: AB End x AG Ditch x Flag: AG Begin Flag: AG End x x B Ditch X Flag: B Begin Flag: B End x C Ditch x Flag: C Begin Flag: C End x BA P x Flag: BA Begin Flag: BA End x x D Ditch x Flag: D Begin Flag: D End x E Ditch x Flag: E Begin Flag: E End x F Ditch x Flag: F Begin Flag: F End x G Ditch x Flag: G Begin Flag: G End X Swift Creek P x Flag: Swift Creek Begin Flag: Swift Creek End X x BAC P x Flag: BAC Begin Flag: BAC End X x H Ditch x Flag: H Begin Flag: H End X x CA Ditch x Flag: CA Begin Flag: CA End X I Ditch x Flag: I Begin Flag: I End X CG Ditch x Flag: CR Begin Flag: CR End X CH NSP/ Ditch x Flag: CH Begin Flag: CH End X Cl Ditch Flag: CJ Begin Flag: CJ Int X Cl I x Flag: CJ Int Flag: CJ End X CO Ditch x Flag: CO Begin Flag: CO End X BR Ditch x Flag: BR Begin Flag: BR End X J P x Flag: J Begin Flag:1 End X x K Ditch x Flag: K Begin Flag: K End X L Ditch x Flag: L Begin Flag: L End X NAK Ditch x Flag: NAK Begin Flag: NAK End X N Ditch x Flag: N Begin Flag: N End X O NSP/ Ditch x Flag: ❑ Begin Flag: O End x P Ditch x Flag: P Begin Flag: P End X Q E x Flag: Q Begin Flag: Q End X DB P X Flag: DB Begin Flag: DB End X X R Ditch x Flag: R Begin Flag: R End x X CR I X Flag: CR Begin Flag: CR End x X CS I X Flag: CS Begin Flag: CS End x X S Ditch x Flag: S Begin Flag: S End x CZ I X Flag: CZ Begin Flag: CZ End x T I/P X Flag: T Begin Flag: T End x X CAC P X Flag: CAC Begin Flag: CAC End x X Ut to Tar River I X Flag: Ut to Tar River Begin Flag: Ut to Tar River End x GUC Ut Ditch x Flag: GUC Ut Begin Flag: GUC Ut E/I x X GUC Ut I X Flag: GUC Ut E/I Flag: GUC Ut End x X Pitt County Page 3 of 3 GUC Ut2 E X Flag: GUC Ut2 Flag: GUC Ut2 Begin End X U NP X NP NP X V Ditch X Flag: V Begin Flag: V End X X *F/1/P/NSP = Ephemeral/Intermittent/Perennial/No Stream Present The Division of Water Resources has determined that the streams listed above and included on the attached map have been located on the most recent published NRCS Soil Survey of PITT County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the NEUSE River Riparian Buffer Rules. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or not present on the property. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. If sending via US Postal Service: If sending via delivery service (TIPS, FedEx, etc.): c/o Karen Higgins c/a Karen Higgins DWR — 401 & Buffer Permitting Unit DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1617 Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (252) 251-4629. If you have questions regarding this determination, please feel free to contact Chris Pullinger at (2 52) 948-3922. Sincerely, TIL.'" 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