20140957 Ver 2_ACP Draft 401 Application Comments_20170407

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`NV PONVENiA' OUAOI Y
April 7, 2017
Atlantic Coast Pipeline, LLC
Attn: Ms. Leslie Hartz
707 E. Main Street, 191h Floor
Richmond, VA 23219
Subject: Draft 401 WQC Application Comments
Atlantic Coast Pipeline
Dear Ms. Hartz:
It0Y C 0OPF-R
MICHA L S. REGAN
DWR Project #14-0957 v2
Northampton, Halifax, Nash,
Wilson, Johnston, Sampson,
Cumberland and Robeson Counties
On February 27, 2017, the Division of Water Resources (Division) received your draft application
dated February 24, 2017 for a 401 Water Quality Certification / Buffer Authorization from the
Division for the subject project. The Division has the following comments regarding the draft
application:
1) The Division is currently evaluating whether to process the 401 Water Quality Certification as
an Individual Certification, a General Certification with an opportunity for stakeholder input
and for the public to comment, or a General Certification.
2) Permanent impacts to perennial streams in excess of 150 linear feet and wetlands in excess
of 1 acre must be mitigated. Mitigation for impacts to Class WL wetlands and Class C
perennial streams must be conducted within the same river basin and physiographic
province when practical. Mitigation for impacts to Class ORW, HQW, WS -1 and WS -11
perennial streams and wetlands contiguous to waters with the aforementioned
classifications must be completed within the same river sub -basin when practical and, for
wetlands, using the same wetland type.
a) Mitigation through payment to a private mitigation bank or the Division of Mitigation
Services, when mitigation is unavailable from a private mitigation bank, is preferred over
individual project mitigation (including permittee responsible mitigation) unless it can be
demonstrated that these types of mitigation are not practical. Mitigation sites approved
by the US Army Corps of Engineers shall be deemed to be consistent with the Division's
mitigation requirements.
State of North Carolina 1 Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Atlantic Coast Pipeline, LLC
Draft 401 WQC Application Comments
Page 2 of 4
3) Mitigation is required for impacts other than perpendicular crossings in Zone 1 of riparian
buffers and perpendicular crossings that disturb greater than 40 linear feet but equal to or
less than 150 linear feet of riparian buffer with a maintenance corridor greater than 10 feet
in width. If maintenance corridor through riparian buffers exceeds 10 feet in width buffer
mitigation is required. Hand clearing of large trees only beyond the 10 -foot maintenance
corridor would not be considered as maintenance.
4) Mitigation must be provided in accordance with the consolidated buffer mitigation rule (15A
NCAC 02B .0295), which outlines the areas of mitigation required on zonal and locational
mitigation ratios. Mitigation may be satisfied through a payment to a private mitigation bank
or the Division of Mitigation Services, when mitigation is unavailable from a private
mitigation bank, or through permittee responsible mitigation. Item (1) of the consolidated
buffer mitigation rule generally requires 3 steps for applicants who want to pursue permittee
responsible mitigation by restoration/enhancement(n) and/or alternative
mitigation(o). These steps are outlined below and are required as part of the application to
ensure the mitigation proposal meets the requirements of the rule:
a) Obtain a mitigation determination issued by DWR (i.e. site viability letter and stream
determinations)
i) Submit a mitigation proposal to DWR that includes a commitment to provide...
ii) Perpetual conservation easement or similar preservation mechanism
iii) Non wasting endowment/surety
iv) Financial assurance (must be sufficient for project implementation and
monitoring/maintenance). This is in addition to an endowment.
v) Diffuse flow plan
vi) Credit and debit ledger to DWR at regular intervals once credits are established
b) Submit a mitigation plan to DWR for written approval that contains the following
i) Map of proposed mitigation site
ii) Vegetation Plan that meets the criteria in the rule
iii) Grading Plan (where applicable)
iv) Schedule for implementation
v) Monitoring Plan
4. The Division recommends adding a "wetland within buffer" column to Table 5 in order to
clearly identify the amount of buffer mitigation required for impacts that require mitigation.
5. Please provide an updated copy of the hydrostatic testing plan for the project.
6. Provide additional SPCC measures that will be used for refueling of stationary equipment
within 50 feet of waterbodies.
A stormwater management plan would be required for the Northampton compressor station
if the amount of impervious area proposed exceeds 24% or if piped stormwater conveyances
are proposed.

Atlantic Coast Pipeline, LLC
Draft 401 WQC Application Comments
Page 3 of 4
8. Section 4.13, Cumulative Impacts.
The analysis and information provided only includes direct, cumulative effects from the
proposed project. The analysis, however, does not include any potential indirect or
secondary effects of the proposed project. According, to CEQ guidance', by definition,
cumulative effects must be evaluated along with the direct and indirect effects. It is clearly
stated in the DEIS the purpose of the project is to "connect growing demand areas in Virginia
and North Carolina," and that there are "long-term precedent agreements for 96 percent of
the project capacity to six specific customers." Additionally, it is also stated that "the
majority of the natural gas consumption will continue increasing due to population growth,
industrial consumption, and electric power generation." The Powering the Future literature
published as part of project awareness states that "The Atlantic Coast Pipeline project ... will
yield thousands of jobs and billions in economic impact and tax revenue across West Virginia,
Virginia and North Carolina" and "The Atlantic Coast Pipeline, with nearly a third of its
infrastructure in the state [North Carolina], will spur economic activity and consumer
savings." In a presentation provided to the NCDEQ on February 20, 2017, it was shown that
75 percent of the available product allocated for electric generation (76 percent of the 1.5
bcf/d) would be provided to Piedmont Natural Gas, Public Service North Carolina, and Duke
Energy — all of which operate primarily in North Carolina. All of these statements strongly
indicate that considerable growth will be occurring in North Carolina as a direct result of this
project. It is apparent that the "population growth, industrial consumption, and electric
generation" would likely not occur, or not occur nearly as fast, if at all, should this project not
be implemented. These effects —the increased industry, housing, and associated
infrastructure - would not be necessary without this project. Therefore, these affects are
indirect or secondary affects resulting from the proposed project and, again, by CEQ
definition, must be addressed in the environmental analysis on the project.
'Considering Cumulative Effects Under the National Environmental Policy Act, Council on Environmental
Quality, January 1997, page 1.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act/
Isolated Wetlands and Isolated Waters Rules/Buffer Rules for this activity and any work done
within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
Please contact Jennifer Burdette at 919-807-6364 or [e-mail] if you have
any questions or concerns.
Sincerely,
/� q��v I
Karen Higgins, Supervisor
401 & Buffer Permitting Branch

Atlantic Coast Pipeline, LLC
Draft 401 WQC Application Comments
Page 4 of 4
cc: Richard Gangle, Dominion Resources Services, Inc. (via [e-mail])
Spencer Trichell, Dominion Resources Services, Inc. (via [e-mail])
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 140957v2AtlanticCoastPipeline(Multi)_draft401appcomments.docx