20140957 Ver 2_NCWRC_20170625

Burdette, Jennifer a
From: Garrison, Gabriela
Sent: Sunday, June 25, 2017 10:12 PM
To: Burdette, Jennifer a
Cc: Higgins, Karen; Ellis, John; Stancil, Vann F
Subject: WRC Comments for 401 Certification
Attachments: NCWRC Comments Atlantic Coast Pipeline 401 Water Quality Cert June2017.pdf
Hi Jennifer,
Please find attached comments for the Water Quality Certification application. Please don't hesitate to call Vann or
myself if you have any questions.
Thank you,
Gabriela
Gabriela Garrison
Eastern iedrConservation abitat 'l oordinaior
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N( Wildlife Pesoi.irces Commission
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Office and CO: 1 7350-
[e-mail]
www.ncwildlife.org
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1

t North Carolina Wildlife Resources Commission t
Gordon Myers, Executive Director
MEMORANDUM
TO: Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources, NCDEQ
FROM: Gabriela GarrisontL tr
Eastern Piedmont Coordinator
Habitat Conservation
DATE: June 26, 2017
SUBJECT: Comments on 401 Water Quality Certification Application for Atlantic Coast
Pipeline Project
Biologists from the North Carolina Wildlife Resources Commission (NCWRC) have reviewed
the application for a 401 Water Quality Certification for the Atlantic Coast Pipeline (ACP). The
NCWRC has been involved in the ACP project since Fall 2014. Comments are provided in
accordance with certain provisions of the Clean Water Act of 1977 (33 U.S.C. 1251-1387) and
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
Atlantic Coast Pipeline, LLC (Atlantic) is a joint venture of Dominion Transmission, Inc., Duke
Energy Corporation, Piedmont Natural Gas and Southern Gas Company. The ACP project
would deliver up to 1.5 billion cubic feet per day of natural gas from supply areas in West
Virginia to customers in Virginia and North Carolina. Approximately 198 miles of the ACP will
cross Northampton, Halifax, Nash, Wilson, Johnston, Sampson, Cumberland and Robeson
counties and traverse parts of the Chowan, Roanoke, Tar, Neuse, Cape Fear and Lumber river
basins. In North Carolina, the ACP will temporarily impact 453.5 acres of wetlands, cause a
type conversion to 154.8 acres of wetlands and cause the permanent loss of 0.80 acres of
wetlands. The centerline of the ACP will also cross 4,110 feet of stream width and will
temporarily affect 35,951 feet of stream length within the mainline workspace.
Unless otherwise noted, specific comments and page numbers refer to the Supplemental
Information for Nationwide Permit 12 prepared by ERM and dated May 2017. The NCWRC
offers the following specific comments on the 401 application:
Mailing Address: Habitat Conservation Division • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

NCWRC COMMENTS JUNE 26, 2017
401 FOR ATLANTIC COAST PIPELINE
Right -of -Way Configuration p. 13-14. Right -of -Way (ROW) maintenance is discussed
several places throughout the Draft Environmental Impact Statement (DEIS) and in the
401 application. A table that summarizes ROW width and maintenance methods would
be helpful. From the various documents, it appears that for all ROWS, a 10' wide
herbaceous corridor is maintained over the pipe centerline. A table summarizing ROW
width, maintenance methods and frequencies for the different parts of the ROW, and how
these methods and frequencies vary with habitat type and basin, would help clarify ROW
maintenance.
2. Waterbody Crossings p. 17 and b.2 Construction Minimization — Waterbodies p. 78. The
401 application states on page 17 that "clearing and bridge installation crews will be
allowed one pass through waterbodies before bridges are installed." It is unclear how
much equipment will be allowed to pass through the waterbody and the timing of this one
pass through prior to temporary bridge installation. It is also unclear how long temporary
crossings will remain in place. Temporary structures should be sized to handle high flow
events; information about methods to determine the appropriate size of temporary
structures should be included. If no equipment will cross waterbodies that will be
crossed by horizontal directional drill (HDD), this should be clearly stated. This
additional information is needed to help inform our recommendations about relocating
aquatic species at crossing locations.
3. Flume Method p. 19. In addition to fish, other aquatic organisms including crayfish,
amphibians, reptiles and freshwater mussels that are trapped in the dewatered area will
be removed and returned to the flowing waterbody.
4. Horizontal Directional Drill Method p. 23. The source of water for HDD crossings has
not yet been determined. More details are needed regarding water sources, pump rates,
measures to limit impingement and entrainment of aquatic organism, measures to treat
discharged water, etc. In addition, if municipal water sources will be the sole sources of
water, the 401 application needs to reflect this and include details of how this water will
be transported and discharged. If municipal water has any additives such as chlorine or
chloromine or if an algicide is added to the water, it should not be released into surface
waters unless it is safe for sensitive species including amphibians and aquatic
invertebrates.
Wetlands p. 25. The 401 application states that "non-essential equipment will be allowed
to travel through wetlands once" and stabilization will include "rip -rap or prefabricated
timber mats." Due to the sensitive species and habitat often found in wetland areas, the
NCWRC prefers that there is no or very limited travel through wetlands; however, if
disturbance is necessary, the NCWRC recommends that filter fabric is used to ensure that
rip -rap is effectively removed during restoration.
6. Progress Energy Carolinas Collocation Major Route Alternative p. 49. The 401
application states that "the Progress Energy Carolinas route alternative... would require
substantially more disturbance and permanent clearing of forested wetlands than the
2

NCWRC COMMENTS JUNE 26, 2017
401 FOR ATLANTIC COAST PIPELINE
baseline route. For this reason, Atlantic retained the baseline route in this area." This
conclusion seems contradictory to information elsewhere in the 401 application and in the
DEIS. This discrepancy needs clarification.
7. Construction Minimization — Waterbodies p. 77. More details about wetlands restoration
monitoring are needed. The timeframe for successful restoration is not stated nor are
details about what will be done if the restoration is not successful within a given
timeframe.
8. Construction Minimization — Waterbodies p. 79. The 401 application indicates that
refueling activities will be conducted at least 100 feet from wetlands and waterbodies.
The NCWRC recommends that refueling be conducted at least 100 feet from wetlands or
the water's edge. During wet periods when water levels may rise, equipment should be
refueled at least 100 feet from the edge of water.
9. Cumulative Impacts p. 86. The 401 application does not adequately address the
cumulative impacts that will occur as a result of building the ACP to transport natural
gas. It does not consider the impacts associated with constructing new pipelines for
distributing natural gas to residential customers once the ACP is complete. Construction
of additional distribution lines has the potential to cause similar impacts to aquatic and
terrestrial resources as those associated with the ACP.
10. Table 9 p. 94. North Carolina spiny crayfish occurs in the same counties as Neuse River
waterlog.
11. Endangered Species and Designated Critical Habitat, 1st paragraph p. 95. In addition to
second order or larger streams in the Neuse and Tar River basins, mussel surveys were
also conducted in other streams as requested. If the Roanoke and Cape Fear rivers are
crossed using HDD as expected, no mussel relocation will be necessary.
The following comments do not pertain to specific pages in the Supplemental Information for
Nationwide Permit 12.
12. The NCWRC recommends placing infrastructure outside of 100 -year floodplains and
avoiding modifications within the 100 -year floodplain. The Fayetteville and Pembroke
M&R stations and Valve site 21 are within the 100 -year floodplain.
13. The NCWRC recommends modifications to the staging area locations to prevent impacts
to wetlands and wetland buffers for the Little River and Cape Fear River HDD crossings.
14. The NCWRC recommends more stringent measures to control sedimentation and erosion
in watersheds that drain to waterbodies with sensitive species. Such measures include
installing sediment control fencing and stabilizing unvegetated fill. Unvegetated fill
should be stabilized at the end of each work day with an acceptable erosion control cloth,
blanket, or matting until the fill is ready to be permanently stabilized. In addition, no

NCWRC COMMENTS JUNE 26, 2017
401 FOR ATLANTIC COAST PIPELINE
grubbing should occur with 50 feet of surface waters with sensitive species outside of the
growing season (Time of Year Restriction from Nov. 15 — April 1) to protect mussels
from sedimentation impacts.
15. Many streams that NCWRC identified in the North Carolina Revised Fish and Other
Aquatic Taxa Collection and Relocation Protocol for Instream Construction Activities
report for Tier 2 aquatics removal are planned to be crossed by open cut based on the
most recent Master Waterbody Crossing Table. In previous versions of the crossing
table, these streams were to be crossed by dam and flume or pump. More information
needs to be provided to explain why these streams will now be crossed by open cut.
Open cut crossings are expected to increase sediment transport and turbidity downstream
of the construction area. Additional conservation measures should be implemented in
streams with sensitive resources to minimize impacts associated with open cut crossings.
16. According to the DEIS for the ACP, in -stream blasting and blasting within 1,000 feet of a
waterbody is a potential for crossings in Northampton and Halifax counties in
NC. According to the DEIS, blasting would occur primarily at dry crossings after the
area has been isolated from stream flow. In Northampton and Halifax counties, there are
13 open cut crossings with potential blasting. Blasting is not discussed in the 401
application. If appropriate, information on blasting should be added to the 401
application and include an explanation of how blasting will be conducted at open cut
stream crossings. The NCWRC recommends that blasting be conducted in the dry. If
blasting is required at an open cut crossing, the crossing method should be changed to
dam and flume or pump to allow for blasting. This would also allow for collection and
relocation of sessile aquatic organisms, such as freshwater mussels, crayfish and some
fish species that do not flee from scare charges or banging.
17. The use of biodegradable and wildlife -friendly sediment and erosion control devices is
strongly recommended along the bank as well as in the riparian buffer. Silt fencing, fiber
rolls and/or other products should have loose -weave netting that is made of natural fiber
materials with movable joints between the vertical and horizontal twines. Silt fencing or
similar materials that have been reinforced with plastic or metal mesh should be avoided
as they impede the movement of terrestrial wildlife species. Numerous studies have
shown the likelihood of many species, particularly bird, amphibian and reptilian species
to become entrapped in these devices and ultimately parish because of their inability to
escape. Excessive silt and sediment loads can have detrimental effects on aquatic
resources including destruction of spawning habitat, suffocation of eggs and clogging of
gills.
18. Low gradient streams and wetlands are prone to periods of prolonged high water
following rain events. Therefore, NCWRC recommends that Atlantic avoid storing
equipment, supplies, and chemicals within 100 -year floodplains and flood -prone areas to
avoid contamination of surface water and damage to equipment and supplies.
4

NCWRC COMMENTS JUNE 26, 2017
401 FOR ATLANTIC COAST PIPELINE
19. The crossing method for Stony Creek in Nash Co., NC has been changed from dam and
pump or flume to open cut. During Neuse River waterlog trapping surveys, NC spiny
crayfish was observed in traps. The NCWRC recommends that Stony Creek be crossed
in the dry or Atlantic provide sufficient rationale explaining why an open cut is
necessary.
20. The ACP crosses several named waterbodies identified on maps as blue line streams that
are only referred to as wetlands in the waterbody crossing table. Examples include
Mingo Swamp, Black River, Big Marsh Swamp, Tenmile Swamp and Saddletree Swamp.
Even if these waterbodies are delineated as wetlands, including the name of the
waterbody will help identify the feature.
The following specific comments pertain to aerial image maps showing delineated wetlands and
waterbodies located along the current ACP route:
21. Map 41. Features snah022 and wnah03lf. Feature snah022 is crossed twice by the ACP
and other parts of the stream are within the ROW. Impacts to this feature could be
reduced by locating the ACP slightly farther west within the study corridor. Temporary
impacts to wetland feature wnah03lf total 4.76 acres. Impacts might be reduced if the
ACP was located farther west.
22. Map 51. Features swio010, swioOl 1, swio012, and wwio012f. The ACP crosses all
three stream features near their confluence within wetland feature wwio012f. Locating
the ACP farther east within the study corridor would reduce the number of stream
crossings at this location.
23. Map 85. Features wsao010f, wsaoOl lf, wsao007e, wsao007f, wsao008f, wsao009f,
ssao007, and ssaa001. The ACP follows the floodplain of Beaverdam Swamp going back
and forth from the east to west side of the wetland complex along the swamp. Altogether
the ACP crosses the wetlands/stream four times; two of these crossings are labelled as
stream features. While the ACP does avoid wetlands near mile post (MP) 119.1 and from
MP 119.4 — 119.6, stream and wetland impacts could be minimized by avoiding
Beaverdam Swamp or reducing the number of crossings.
24. Maps 87 through 89. Features wsao006f and wcmo0lls. These features are associated
with the crossing of Mingo Swamp, Black Creek and Starlins Swamp near their
confluence at the Sampson and Cumberland county border. Although there are a few
small areas of uplands, the ACP crosses wetlands from MP 122.0 to 124.6. Feature
wsao006f is 3,773 feet long at the centerline and temporary impacts total 6.30 acres.
Feature wcmo0l i s is 10,019 feet long at the centerline and temporary impacts total 17.23
acres. For the two features combined, there will be type conversion for 4.89 acres of
wetlands. This crossing area has the largest single wetland impact and bisects a large
block of floodplain habitat along the ACP route in NC. The NCWRC recommends that
HDD be evaluated for this crossing or the crossing location be adjusted to reduce the
acres of wetlands temporarily impacted.

NCWRC COMMENTS JUNE 26, 2017
401 FOR ATLANTIC COAST PIPELINE
25. We examined the master waterbody table (MWBT) included in the 401 application and
noted differences from the previous waterbody crossing table dated 23 March 2017.
Additionally, there were crossings included in the previous waterbody crossing table
dated 23 March 2017 that are not included in the current table. These discrepancies
include:
1. MP 11.4, shlo004: UNT to Mush Island Gut - Intermittent: Not in 3-23 MWBT
2. MP 14.7, shlp004: UNT to the Roanoke River - Perennial: Not in 3-23 MWBT
3. MP 17.2, shlp005: UNT to Quankey Creek - Intermittent: Not in 3-23 MWBT
4. MP 18.3, shlg007: UNT to Marsh Swamp - Intermittent: Identified as MP 18.1 in 3-23
MWBT
5. MP 29.0, sh1r001: UNT to Breeches Swamp - Perennial: Not in 3-23 MWBT
6. MP 33.5, shlh022: there is no mention of culverts in the 3-23 MWBT
7. MP 40.2, DKSQ NC 001: UNT Swift Creek - Perennial: Not in 3-23 MWBT
8. MP 48.7, DKSQ NC_002: Stony Creek - Perennial: Not in 3-23 MWBT
9. MP 52.0, snab101: UNT to Sapony Creek - Perennial: Not in 3-23 MWBT
10. MP 73.4, swib 100: UNT to Contentnea Creek - Intermittent: Identified as Perennial in
MWBT
11. MP 97.5, sjoo008: there is no mention of culverts in the 3-23 MWBT
12. MP 97.2, sjor001: UNT to Polecat Branch - Intermittent: Not in 3-23 MWBT
13. MP 97.2, cjor001: Pond -not in 3-23 MWBT
14. MP 114.1, sjop020: UNT to Jumping Run - Perennial: Not in 3-23 MWBT
15. MP 114.1, cjop008: Unnamed Pond: Not in 3-23 MWBT
16. MP 123.1, scmo016: there is no mention of culverts in the 3-23 MWBT
17. MP 123.0, scme001: there is no mention of culverts in the 3-23 MWBT
18. MP 126.7, scmp008: there is no mention of culverts in the 3-23 MWBT
19. MP 126.8, scmp009: there is no mention of culverts in the 3-23 MWBT
20. MP 135.8, DKSQ NC_002: UNT to Bakers Swamp - Perennial: Not in 3-23 MWBT
21. MP 136.1, DKSQ NC_003: UNT to Big Creek - Intermittent: Not in 3-23 MWBT
22. MP 136.2, DKSQ NC_007: UNT to Big Creek - Intermittent: Not in 3-23 MWBT
23. MP 136.4, DKSQ NC_006: UNT to Big Creek - Intermittent: Not in 3-23 MWBT
24. MP 136.5, DKSQ NC_005a: UNT to Big Creek - Perennial: Not in 3-23 MWBT
25. MP 150.8, scmp057: UNT to Big Alligator Swamp - Intermittent: Not in 3-23 MWBT
26. MP 154.6, scmo024: there is no mention of culverts in the 3-23 MWBT
27. MP 172. 1, sroh014: UNT to Saddletree Swamp - Intermittent: not in 3-23 MWBT
28. MP 177.6, srog007: UNT to Richland Swamp - Intermittent: not in 3-23 MWBT
Thank you for the opportunity to review and comment on the 401 Water Quality Certification for
the Atlantic Coast Pipeline Project. Please feel free to contact me at
Gabriela. garrison(a�ncwildlife.org or [phone] or Vann Stancil at
vann.stancil(2ncwildlife.org or [phone] if you have any questions or concerns about
these project comments.
Cel

NCWRC COMMENTS JUNE 26, 2017
ec: Vann Stancil, NCWRC
John Ellis, USFWS
Karen Higgins, NCDEQ
401 FOR ATLANTIC COAST PIPELINE