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HomeMy WebLinkAbout20140957 Ver 2_23_Appendix_M_ACP Unanticipated Finds Plan_20170509Atlantic Coast Pipeline w ATLANTIC COAST PIPELINE, LLC ATLANTIC COAST PIPELINE Docket Nos. CP15-554-000 CP15-554-001 Plan for the Unanticipated Discovery of Historic Properties or Human Remains during Construction in North Carolina Updated, Rev. 1 i46MEt 10016MIM, M R-OWA July 18, 2016 Plan for the Unanticipated Discovery of Historic Properties or Human Remains during Construction in North Carolina TABLE OF CONTENTS 1.0 INTRODUCTION..............................................................................................................1 2.0 PURPOSE...........................................................................................................................1 3.0 TRAINING.........................................................................................................................1 4.0 UNANTICIPATED DISCOVERY OF CULTURAL MATERIALS OR HUMAN REMAINS...........................................................................................................................1 4.1 Discovery of Cultural Materials...............................................................................2 4.2 Discovery of Unmarked Burials or Human Remains..............................................3 5.0 CONTACTS FOR UNANTICIPATED DISCOVERIES...............................................5 6.0 REFERENCES...................................................................................................................8 Plan for the Unanticipated Discovery of Historic Properties or Human Remains during Construction in North Carolina LIST OF ACRONYMS AND ABBREVIATIONS ACP Atlantic Coast Pipeline Atlantic Atlantic Coast Pipeline, LLC DTI Dominion Transmission, Inc. EI Environmental Inspector FERC Federal Energy Regulatory Commission NCDCR North Carolina Department of Cultural Resources ii Plan for the Unanticipated Discovery of Historic Properties or Human Remains during Construction in North Carolina 1.0 INTRODUCTION Atlantic Coast Pipeline, LLC (Atlantic) — a company formed by four major energy companies — Dominion Resources, Inc.; Duke Energy Corporation; Piedmont Natural Gas Co., Inc.; and AGL Resources, Inc. — proposes to construct and operate approximately 600 miles of natural gas transmission pipelines and associated aboveground facilities in West Virginia, Virginia, and North Carolina. This Project, referred to as the Atlantic Coast Pipeline (ACP), will deliver up to 1.5 million dekatherms per day of natural gas from supply areas in the Appalachian region to demand areas in Virginia and North Carolina. Atlantic has contracted with Dominion Transmission, Inc. (DTI), a subsidiary of Dominion Resources, Inc., to construct and operate the ACP on behalf of Atlantic. 2.0 PURPOSE This plan identifies procedures to be implemented in the event that previously unreported and unanticipated cultural materials or human remains are found during construction of the ACP in North Carolina. 3.0 TRAINING Prior to the start of construction, Atlantic will conduct environmental training, including instruction on the identification of cultural materials, unmarked burials, and human remains, for Company and Contractor 1 personnel. The training program will focus on the Federal Energy Regulatory Commission's (FERC) Upland Erosion Control, Revegetation, and Maintenance Plan and Wetland and Waterbody Construction and Mitigation Procedures; other construction, restoration, and mitigation plans, including this Plan for Unanticipated Discovery of Historic Properties or Human Remains; and applicable permit conditions. Atlantic also will provide large -group training sessions before each work crew commences construction with periodic follow-up training for groups of newly assigned personnel. 4.0 UNANTICIPATED DISCOVERY OF CULTURAL MATERIALS OR HUMAN REMAINS The following measures will be implemented if known or suspected cultural materials, unmarked burials, or human remains are discovered during construction in North Carolina: 1. The Contractor will stop work in the area of the find (i.e., within 100 feet of the find or the outer perimeter of a group of finds) to protect the integrity of the find. 2. The Contractor will notify Atlantic's Environmental Inspector (EI) 2 of the find. The Contractor will not restart work in the area of the find until approved by the EI. ` Contractor or Contractors refer to the company or companies retained by Atlantic or another contractor to construct the proposed facilities. 2 The role and responsibilities of an EI are defined in the FERC's Upland Erosion Control, Revegetation, and Maintenance Plan. Plan for the Unanticipated Discovery of Historic Properties or Human Remains during Construction in North Carolina 3. The EI will notify Atlantic's Environmental Project Manager, who will coordinate with the Archaeological Consultant to conduct a preliminary assessment of the find. 4. Following the investigation, the Archaeological Consultant will notify Atlantic's Environmental Project Manager by telephone regarding the preliminary assessment of the find. 5. Atlantic Environmental Project Manager will notify the FERC and North Carolina Department of Cultural Resources (NCDCR), which serves as the State Historic Preservation Office, by telephone regarding the preliminary evaluation of the find. 6. Atlantic's Environmental Project Manager will notify the Delaware Nation of the find. s 7. If the materials found are cultural materials (e.g., artifacts or archaeological features), the procedures in Section 4.1 will be implemented. If the materials found are human remains, the procedures identified in Section 4.2 will be implemented. 4.1 Discovery of Cultural Materials 1. The EI will flag or fence off the site (including the area within 100 feet of the find or the outer perimeter of a group of finds). 2. Atlantic's Environmental Project Manager will direct the Archaeological Consultant to begin an assessment of the significance of the find and the potential effect of construction on the site. 3. The Archaeological Consultant will assess and document the find within 2 days of its discovery. 4. If the Archaeological Consultant determines the find is not significant, and the FERC and NCDCR concur, the Archaeological Consultant will notify Atlantic's Environmental Project Manager that construction may proceed in the vicinity of the find without additional action. The Archaeological Consultant will prepare a brief report on the find for submittal to the FERC and NCDCR within seven days of the discovery. 5. If the Archaeological Consultant determines that the find may be significant, and the FERC and NCDCR concur, then the following additional steps will be implemented. 3 In a letter to the FERC dated December 1, 2014, the Delaware Nation asked to be notified in the event of an unanticipated discovery of archaeological sites during construction. None of the other federally recognized tribes consulted for the SHP asked to be notified in the event of an unanticipated find. 2 Plan for the Unanticipated Discovery of Historic Properties or Human Remains during Construction in North Carolina 6. Atlantic's Environmental Project Manager will notify other parties of the find as directed by the NCDCR and FERC. 7. If the find is determined to be significant and continuing construction may damage more of the site, Atlantic's Environmental Project Manager will request recommendations from the FERC, NCDCR, and other parties recommended by the FERC and NCDCR regarding measures for site treatment. These measures may include: i) A variance request to re-route around the site, ii) Formal archaeological evaluation of the site; iii) Site visits by the FERC, NCDCR and other parties; iv) Preparation of a mitigation plan by Atlantic for approval by the FERC and NCDCR; V) Implementation of the mitigation plan; and vi) Approval to resume construction following completion of the fieldwork component of the mitigation plan. 8. If, upon further analysis by the Archaeological Consultant, the find is determined to lack significance, Atlantic's Environmental Project Manager will consult with the FERC, NCDCR, and other appropriate parties, and will request approval to resume construction subject, as warranted, to further mitigation required by the FERC. 9. Atlantic's Environmental Project Manager will notify the EI who will grant clearance to the Contractor to start work. 4.2 Discovery of Unmarked Burials or Human Remains 1. If unmarked human burial or skeletal remains are encountered during construction activities, Atlantic will comply with applicable provisions of North Carolina's "Unmarked Human Burial and Human Skeletal Remains Protection Act" (North Carolina General Statutes Chapter 70, Article 3). 2. Atlantic's Environmental Project Manager will direct the EI to flag or fence off the site (including the area within 100 feet of the find or the outer perimeter of a group of finds), and will notify the County sheriff, who will notify the County medical examiner as required by North Carolina General Statutes Chapter 70, Article 3. 3. Atlantic's Environmental Project Manager will notify the FERC of the find. Plan for the Unanticipated Discovery of Historic Properties or Human Remains during Construction in North Carolina 4. If the County medical examiner determines that the remains are not modern or do not reflect a crime scene, and/or if they otherwise relinquish their jurisdiction over the remains, the County medical examiner will notify the state's Chief Medical Examiner, who in turn will notify the State Archaeologist of the discovery and the findings of the County medical examiner. The State Archaeologist will take charge of the remains. 5. The State Archaeologist will have 48 hours to make arrangements with the landowner for the protection or removal of the burial or remains. 6. If the remains are removed, the State Archaeologist will coordinate the excavation by a professional archaeologist. The professional archaeologist will report his/her opinion on the characteristics of the remains to the State Archaeologist within two days after the removal. 7. Atlantic's Environmental Project Manager will consult appropriate parties (e.g., the State Archaeologist, the NCDCR, the Executive Director of the North Carolina Commission of Indian Affairs, federally recognized Indian tribes, and/or the landowner) as directed by the FERC regarding additional steps to be followed. 8. If it is determined that the remains are Native American, a reasonable effort will be made to identify, locate, and notify the appropriate Tribe. 9. If it is determined the remains are not Native American, the State Archaeologist will attempt to determine the identity or next of kin of the deceased. If no next of kin are identified the remains will be transferred to the State Archaeologist and permanently curated. 10. The measures to protect the remains and associated artifacts will remain in effect until they have been fully evaluated, appropriate treatment of the discovery (if applicable) has been completed, and Atlantic has received written notice from the FERC to proceed with construction at the discovery site. 11. Atlantic's Environmental Project Manager will notify the EI who will grant clearance to the Contractor to resume work in the vicinity of the find. 2 Plan for the Unanticipated Discovery of Historic Properties or Human Remains during Construction in North Carolina 5.0 CONTACTS FOR UNANTICIPATED DISCOVERIES ATLANTIC CONTACTS: Lead Environmental Inspector: Name: TBD Cell: TBD Email: TBD Atlantic Environmental Project Manager: Name: TBD Phone: TBD Cell: TBD E-mail: TBD Archaeological Consultant: Name: William Stanyard Company: ERM Phone: (678) 781-1372 Cell: (404) 317-0543 E-mail: bill. stanyard ,erm.com FEDERAL CONTACTS: FERC Project Archaeologist: Name: Ellen Armbruster Phone: 202-502-8330 Email: Ellen.Armbruster(a ferc.gov STATE CONTACTS: NCDCR/State Historic Preservation Office: Name: Kevin Cherry Phone: (919) 807-7280 E-mail: kevin.cherry@ncdcr.gov North Carolina State Archaeologist Name: Stephen Claggett Phone: (919) 807-6551 Email: steve.claggett@ncdcr.gov 5 Plan for the Unanticipated Discovery of Historic Properties or Human Remains during Construction in North Carolina TRIBAL CONTACTS: Delaware Nation, Cultural Preservation Office Name: Nekole Alligood Phone: (405) 247-2448 LOCAL LAW ENFORCEMENT CONTACTS: Cumberland County Sheriff: Name: Earl Butler Phone: (910) 323-1500 Address: 131 Dick St, Fayetteville, NC 28301 Halifax County Sheriff: Name: Wes Tripp Phone: (252) 583-8201 Address: 355 Ferrell Ln, Halifax, NC 27839 Johnston County Sheriff: Name: Steve Bizzell Phone: (919) 989-5010 Address: 120 S 3rd St, Smithfield, NC 27577 Nash County Sheriff: Name: Keith Stone Phone: (252) 459-4121 Address: 222 West Washington Street, Nashville, NC 27856 Northampton County Sheriff: Name: Jack Smith Phone: (252) 534-2611 Address: 105 W Jefferson St, Jackson, NC 27845 Robeson County Sheriff: Name: Kenneth Sealey Phone: (910) 671-3100 Address: 120 Legend Road, Lumberton, NC 28358 Sampson County Sheriff: Name: Jimmy Thornton Phone: (910) 592-4141 Address: 112 Fontana St, Clinton, NC 28328 C.1 Plan for the Unanticipated Discovery of Historic Properties or Human Remains during Construction in North Carolina Wilson County Sheriff: Name: Calvin Woodard Jr. Phone: (252) 237-2118 Address: 100 Green Street East, Wilson, NC 27893 7 Plan for the Unanticipated Discovery of Historic Properties or Human Remains during Construction in North Carolina 6.0 REFERENCES State of North Carolina. Unmarked Human Burial and Human Skeletal Remains Projection Act, North Carolina General Statutes Chapter 70, Article 3. Available online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter 70/Arti cle 3.pdf. Accessed February 2015.