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HomeMy WebLinkAbout20140957 Ver 2_More Info Requested_20170627Wutei :NVMONMEN r.?L(DU A i_ITY June 27, 2017 Atlantic Coast Pipeline, LLC Attn: Ms. Leslie Hartz 707 E. Main Street, 19th Floor Richmond, VA 23219 R 0 Y C'001)E_R MICHAEL S. RI GAN S. JAY !1MIME;RM N DWR Project #14-0957 v2 Northampton, Halifax, Nash, Wilson, Johnston, Sampson, Cumberland and Robeson Counties Subject: REQUEST FOR ADDITIONAL INFORMATION AND NOTICE OF PUBLIC HEARINGS Atlantic Coast Pipeline Dear Ms. Hartz: On May 8, 2017, the Division of Water Resources (Division) received your application dated May 3, 2017, requesting an Individual Water Quality Certification / Buffer Authorization from the Division for the subject project. The Division has determined that the following additional information is necessary to process your application [15A NCAC 02H .0502(c), 15A NCAC 02B .0233(8) and .0259 (8)]1: Right -of -Way Configuration (p 13-14) — Explain the permanent right-of-way (ROW) maintenance proposed within riparian buffers subject to the Neuse and Tar -Pamlico Riparian Buffer Rules [15A NCAC 02B .0233 & .0259]. If the permanent ROW maintenance proposed for wetlands is not also planned for protected riparian buffers, then mitigation would be required for the impact to these buffers. A table summarizing the different ROW widths and maintenance methods to be employed for each habitat, resource and river basin would be helpful. 2. Waterbody Crossings (p. 17) — Clarify whether temporary crossings will remain in-place after the initial ROW clearing until construction and restoration are complete, and provide an estimate of the length of time these structures will be in-place. Provide a description of the type and number of construction equipment that will be allowed one pass through waterbodies before bridges are installed. When cited, section headings and page numbers refer to the Supplemental Information provided as an attachment to the Pre -Construction Notification Joint Application for Nationwide Permit 12. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Atlantic Coast Pipeline, LLC Request for Additional Information DWR Project # 14-0957 v2 Page 2 of 5 3. Open -Cut Method (p. 18) — Provide an explanation of and details showing how turbidity curtains or other sediment barriers will be installed where the open -cut method will be utilized to cross stream and wetland complexes. 4. Horizontal Directional Drill (HDD) Method (p. 22) — Clarify whether equipment will be allowed to cross waterbodies that will be crossed by HDD. Also, provide an estimate of the amount of water that will be withdrawn from each waterbody to be crossed by this method and the anticipated pumping rate. Wetlands (p. 25) — Clarify that filter fabric will be placed beneath riprap in wetlands areas to facilitate restoration. Construction Minimization (p. 79) — Clarify that refueling will be conducted at least 100 feet from waterbodies and wetlands means that refueling will be conducted at least 100 feet from the water's edge of these features. 7. Cumulative Impacts (p. 86-91) — The Division has several questions about secondary impacts that may occur due to construction of the ACP: a. Are there existing distribution facilities to serve the major utilities that are currently subscribed pursuant to precedent agreements? b. Are there existing distribution facilities at each of the nine metering and regulating stations proposed in North Carolina? What percentage or volume of new transportation capacity will be used for conversion of coal-fired plants to natural-gas versus the amount for new facilities? 8. Explain how in -stream blasting and blasting within 50 feet of a waterbody will be accomplished, including those crossings that are proposed to be installed using the open - cut method. 9. Sediment and erosion control designs for project areas within waters or watersheds designated as PNA, SA, WS -I, WI -II, HQW, ORW must comply with the requirements set forth in 15A NCAC 04B .0124 — Design Standards in Sensitive Watersheds. 10. Although a discrete channel is not present, add named streams (e.g. Starlins, Mingo, Black River etc.) that occur within wetland complexes to the Waterbody Crossing Table for reference. 11. There are several waterbodies that are proposed to be crossed by the open -cut method that are less than 20 feet in width and do not have adjacent wetlands that appear to be inundated. These should be changed to a dry method or provide an explanation as to why this is not practical for each waterbody that meets these criteria. 12. Figure A-4, Page 48 — Stream dkwq_nc_004 is missing from the Waterbody Crossing Table. Please verify that all impacts shown on the Aerial Sheets are included within the Waterbody Crossing Table. Atlantic Coast Pipeline, LLC Request for Additional Information DWR Project # 14-0957 v2 Page 3 of 5 13. Figure A-4, Page 35 — NC spiny crayfish were observed in Stony Creek. Explain why Stony Creek was changed from a dry method to open cut. 14. Figure A-4, Page 93 — Stream scmc005 is proposed to be crossed using the open -cut method. This should be changed to a dry method or provide an explanation as to why this is not practical at this location. 15. Alignment Avoidance and Minimization: a. Figure A-4, Page 16 —Three wetland crossings (whlh032s, whlh032f, whlh031f) will impact a total of 4.98 acres. Shifting the alignment southeast would minimize the amount of wetland impacted. This alignment should be adjusted or provide an explanation as to why this is not practical in this location. b. Figure A-4, Page 20 — One wetland crossing (whlh014f) will impact 3.24 acres. Shifting the alignment southeast would minimize the amount of wetland impacted. This alignment should be adjusted or provide an explanation as to why this is not practical in this location. c. Figure A-4, Page 41— Stream snah022 runs parallel to the alignment and is crossed twice. Shifting the alignment northwest within the study corridor will avoid these two stream crossings. This alignment should be adjusted or provide an explanation as to why this is not practical in this location. d. Figure A-4, Page 51—The alignment crosses three streams (swio010, swio011 & swio012) just above their confluence. Shifting the alignment east within the study corridor will avoid two of the proposed stream crossings. This alignment should be adjusted or provide an explanation as to why this is not practical in this location. e. Figure A-4, Page 85 —The alignment runs along Beaverdam Swamp and crosses from the east side to the west side four times. Stream and wetland impacts could be minimized by reducing the number of crossings. This alignment should be adjusted or provide an explanation as to why this is not practical in this location. f. Figure A-4, Page 111— The Additional Temporary Workspace (ATWS) at wetland area wcmo022f appears to be avoidable by shifting the ATWS east or west of the wetland. The ATWS should be relocated or provide an explanation as to why this alternative is not practical. g. Figure A-4, Page 87 — Starlins Swamp, Mingo Swamp and Black River are crossed at the confluence of these floodplain wetlands (wsao006f, wcmo011s & wco011f) impacting a total of 24.25 acres. Shifting the alignment north-northwest would significantly reduce the amount of wetland area impacted by avoiding Starlins Swamp and minimizing the impacts to Mingo Swamp and Black River. This alignment should be adjusted or provide an explanation as to why this is not practical in this location. Atlantic Coast Pipeline, LLC Request for Additional Information DWR Project # 14-0957 v2 Page 4 of 5 16. Public Hearings — The Director has determined that it is in the public's interest that two public hearings to review public comment and additional information be held prior to taking final action on your application. The first hearing will be held on Tuesday, July 18, 2017 starting at 6:00 p.m. at the Fayetteville Technical Community College Cumberland Hall Auditorium at 2201 Hull Road, Fayetteville, NC. The second hearing will be held on Thursday, July 20, 2017 starting at 6:00 p.m. at the Nash Community College Brown Auditorium at 522 N. Old Carriage Road, Rocky Mount, NC. The public comment period will remain open until 5:00 p.m. on August 19, 2017. a. In accordance with 15A NCAC 02H .0503, a Public Notice and Notice of Public Hearings was published in the following papers: County Paper Date Cost Cumberland The Fayetteville Observer 17 -Jun $ 387.63 Halifax The Daily Herald 18 -Jun $ 175.63 Johnston News & Observer 17 -Jun $ 657.40 Nash Rocky Mount Telegram 17 -Jun $ 152.28 Northampton Roanoke -Chowan News -Herald 17 -Jan $ 156.14 Robeson The Robesonian 17 -Jun $ 145.40 Sampson Sampson Independent 18 -Jun $ 278.98 Wilson The Wilson Times 17 -Jun $ 193.60 b. Also in accordance with 15A NCAC 02H .0503, a Public Notice and Notice of Public Hearings was distributed to the Wetlands Mailing List. In addition, the notice has been posted on DEQ's website and sent to the wetlands email listserv. c. A correction to the public notice to correct a typo in the pipe diameter was issued on June 19 to the email listsery and website, on June 20 to the Wetlands Mailing List, and published in the newspapers listed above on June 21 and 22. d. Submit $2,147.06 to pay for the costs of advertising the public notice as required in Title 15A NCAC 02H .0503 (f). Pursuant to 15A NCAC 02H .0502(e) / 15A NCAC 02B .0233 / 15A NCAC 02B.0259, the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing by July 14, 2017 by sending two copies of all the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. This request for additional information will not postpone the aforementioned public comment period or hearing schedule. The Division must take final action on the application prior to September 18, 2017, unless information obtained during the public comment period and/or hearings generates an additional request for information for proper consideration of the application. Atlantic Coast Pipeline, LLC Request for Additional Information DWR Project # 14-0957 v2 Page 5 of 5 Please be aware that you have no authorization under the Section 401 of the Clean Water Act or the Neuse or Tar -Pamlico Buffer Rules for this activity and any work done within waters of the state or protected riparian buffers may be a violation of North Carolina General Statutes and Administrative Code. Contact me at 919-807-6360 or karen.higgins@ncdenr.goy or Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Richard Gangle, Dominion Resources Services, Inc. (via richard.b.gangle@dom.com) Spencer Trichell, Dominion Resources Services, Inc. (via spencer.trichell@dom.com) USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 140957v2AtlanticCoastPipeline(Multi)_401_IC_NRB_TAR_Addlnfo.docx