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HomeMy WebLinkAbout20140957 Ver 2_ACP 401 Permit Comment_20170819 (9)Issues, Problems, and Concerns) Reqarding the 401 Water Quality Permit for the Atlantic Coast Pipeline by the North Carolina Department of Environmental Quality S bmitted by John Wagner For the 401 P blic Comment Period A g st 19, 2017 In roduc ion The following pages are my comments s bmitted in opposition to the granting of the North Carolina Department of Environmetal Q ality's 401 Permit for the Atlantic Coast Pipeline. I formatted the doc ment with a break between each of the basic arg ments. This was done to provide a q ick way to access specific iss es sing a table of contents. I hope that it also makes it easier to review, and will allow each of the iss es to be dealt with independently. M ch of the material is direct q otes from scientific so rces or from news stories. If tried to incl de proper q otation marks and refences. If for any q otes, there is a reference that I omitted, please let me know and I will be glad to provide the so rce material pon req est. , Finally, for each topic, there is an information section followed by a DEQ section that addresses specific q estions or problems related to the 401 permit and the protection of North Carolina's rivers, wetlands, and watersheds. Thank yo , John Wagner A g St 19th, 2017 Co to is Iss es, Problems, and Concerns I Regarding the 401 Water Q ality Permit for the Atlantic Coast Pipeline by the North Carolina Department of Environmental Q ality........................................ 1 Introdction................................................................................................................................ 2 The Basis for Approval for the Atlantic Coast Pipeline 401 Permit............................................ 4 Water S pply Watersheds crossed by the ACP.......................................................................... 5 Type A F t re P blic Water Systems (2004).............................................................................. 7 Zebra m ssels may be bro ght into many NC rivers from constr ction eq ipment................. 9 Heavy Machinery on Wetland Soils.......................................................................................... 10 North Carolina's Swamps.......................................................................................................... 11 Risk of Explosions d e to D ke Energy's Valve Fail res........................................................... 12 Drilling FI ids and "Inadvertent Ret rns................................................................................... 14 Grossly Inadeq ate Monitoring for Drilling M d Releases...................................................... 15 Valve fail re sends flames into sky at Moss BI ff storage facility............................................ 16 Carolina Bays threatened by the ACP....................................................................................... 18 Recent Methane Pipelines have shown that Serio s Leaks Occ r D ring Constr ction........ 21 Glyphosate Applications along the Pipeline............................................................................. 22 Inadvertent Release of Drilling M d SI rry.............................................................................. 23 D ke and Dominion's Possible Use of Diesel fl ids in Drilling M d......................................... 24 The Rover Pipeline ref sed to pay for their wetland damages from "inadvertent release" of drillingm d............................................................................................................................... 25 ACP Will Inevitably Lead to Declines in M ssel Pop lations.................................................... 26 PearlyM ssels — Unionidae...................................................................................................... 27 DEQ Needs to Work to Restore M ssel Pop lations — Not Endanger Them ........................... 28 The Basis for Approval for he A Ian is Coas Pipeline 401 Permi (1) has no practical alternative under the criteria outlined in Paragraph (f) of this Rule; (2) will minimize adverse impacts to the surface waters based on consideration of existing topography, vegetation, fish and wildlife resources, and hydrological conditions under the criteria outlined in Paragraph (g) of this Rule; (3) does not result in the degradation of groundwaters or surface waters; (4) does not result in cumulative impacts, based upon past or reasonably anticipated future impacts,that cause or will cause a violation of downstream water quality standards; (5) provides for protection of downstream water quality standards through the use of on-site stormwater control measures; and (6) provides for replacement of existing uses through mitigation as described at Subparagraphs (h)(1) of this Rule. Wa er Supply Wa ersheds crossed by he ACP L.9 -d dw�wwYs_AlM1l1 ]a L'. WSll N.SWP W511P ^ UMW( ' Wk 1][ b WS 1 ` *5 Mc ' "ni aw La WSM WS'N 119N! WS l4c ` ws ;u- 4 ws rv,s , 11yC Cuw�'uw' u K4pnFfW+lTprRN.c - wM_w_tw4tk.k+ - N.�Iwn 5, t fWdar ]ONi �.� 11rMNNr., YS Mry MSS RtMmkimn.t Pgrrli.m Ma nnrp..w. wMtnn�, to A M ,YIN�m From North to So th, the ACP crosses directly thro gh at least 6 water s pply watersheds. These are: 1) Fishing Creek — Enfield. 2) Tar River Reservoir 3) Toisnot Swamp WS -III NSW 4) Cape Fear River 5) Cape Fear River (Smithfield Packing Co) WS -IV 6) L tuber River — L mberton WS -IV DEQ With this 401 permit, yo are responsible for the protection of North Carolina's water. In addition to all the waters and wetlands downstream of the pipeline crossings, the pipeline will c t thro gh 6 localized watersheds that s pply drinking water to towns and comm nities. What special protections will DEQ p t in place and enforce, to ens re that these comm nities will not be forced to become yet another comm nity that D ke Energy has forced to live on bottled water? D ke Energy's has a shamef I history of delays, poor comm nication with residents, arbitrary limits to c stomers provided with alternate drinking water s pplies, and meager amo nts of drinking water for those "fort nate" eno gh to be given bottle water. Living off of bottled water is inconvenient and diffic It at best, and from D ke, it is s ally far worse. Examine all the risks from the 401 permit before yo force more NC citizens to have their wells r ined or their m nicipal water s pply disr pted or destroyed. Drilling M d Type A Fu ure Public Wa er Sys ems (2004) About 0 Content Legend i Legend Type A Future Public water Systems (2004) NC Counties AtlanticCoastPipeline - acp_w_variations — Revision 5, 3 October 2014 Raute Variation, 15 May 2015 USA Rivers and Streams — Stream; Braided Stream — • — Stream Intermittent _ Canal; Aqueduct; Intracoastal Waterway -- Canal Intermittent Falls Dam, Bri—m A,cGIS Marketplace Help Terms of nse Prvacv Ccnta= E n Reo" Abuse This extract of the NCone map of "F t re P blit Water Systems" lists more than 544 comm nity and m nicipal water systems — almost all of them downstream of the pipeline constr ction. The managers, emails, mailing addresses, and data abo t the vol me of water and the pop lation served are provided in a table at: https://www.arcgis.com/home/item.html?id=35d7Od01c87842f7balddfcblba384bO#data Lq *1 The list of managers is not c rrent, b t is DEQ prepared to se pdated versions of this data to contact and cons It with the relevant co my and m nicipal systems? In the case of a contaminating spill into a watershed that involves these systems, are yo prepared to work with these systems to deal with short-term isolation of their water s pplies from the contaminants, or to deal with long-term alternate water s pplies? "NC OneMap is the geospatial backbone s pporting North Carolina data and web service c stomers. It is an organized effort of n mero s partners thro gho t North Carolina, involving local, state, and federal government agencies, the private sector and academia. NC OneMap is an initiative directed by the NC Geographic Information Coordinating Co ncil. t Zebra mussels may be brough in o many NC rivers from cons ruc ion equipmen AicG45 - ACP Scream Water Suppl r 1 1omenI a. AWe- 1d. R� U Al.. I -"-,n V to ? Legend n,An..d ou.,A. — aea}re0 74-11M1.,zM M [meal® Al,lfe troeMwp le. •e.utl.nuwokeMe-.m_w_weHdeq. — NeNn,m S. ] Rfdxr JI f. —nnute Ihrlellml. 15 F>e'I xlfS AtlanelcfnneRlpeYle-.e➢_A,.AeP.�e+'ae_crtlears_p lrsLea lauw-1 ..na f^a4W M.�'el n1,vIM.Wn I fN�c. Mlaeel wW WaYIN Hr.., _. elm'rleu.lun • r it ,��f 1• lid mix,eq Nfiir.neAni, le W mde �, o M ImFm • + • 5omvon � • , Nlmt�m Nnon� Fdvm Nwdnp well ..e.} l,mnm � icmv NTlllaielpfl,a F.xa S wm ea ^ nCIV l Map of Zebra M ssel locations and the Ro to of the Atlantic Coast Pipeline DEQ The heavy machinery sed in clearing land, digging trenches, and laying pipes will cross thro gh major rivers, and h ndreds of streams and wetlands. Zebra m ssels are an incredibly to gh invasive species that has an extremely rapid reprod ctive rate. They co Id be bro ght in from the eq ipment and especially on heavy tire treads. What preca tions will be taken to prevent the Zebra m ssel from being bro ght in on pipeline constr ction eq ipment and vehicles? Yo r n the risk of introd cing and spreading Zebra m ssels across all 6 major watersheds in eastern North Carolina. With c rrent DEQ staffing and reso rces, it wo Id be impossible to set p eq ipment inspection sites at o r state border for tr ck tires, b Ildozer treads, and heavy machinery. Consider the prior work areas for the eq ipment and the h ge n mber of pick ps and heavy eq ipment that the ACP will req ire. These will be driving across and thro gh all of eastern NC's waterways and wetlands. The cleaning and q arantining of contaminated eq ipment wo Id be prohibitively expensive and time cons ming. Heavy Machinery on We land Soils Atlantic Coast Pipeline _- AP -1 (42" Outside Diameter) Typical Constnation Right -of -Way In Wetlands The neat and clean diagrams from the Atlantic Coast Pipeline documentation obscures the fact that heavy equipment in wetlands is a messy and destructive process. The use of mats and gravel bedding will probably prevent some of the worst damages. However, the deep rutting, crushing of soil organisms, and churning of mud is inevitable and will destroy major swaths of wetlands crossed by the pipeline. DEQ Anyone at DEQ who has done extensive work in North Carolina's wetlands must know that the turning pristine wetlands into muddy slurries with severe erosion and sedimentation issues for the transected wetland, as well as those downstream is inevitable. In the case of a severe rainstorm or hurricane, these problems would be massive. Does DEQ think that permitting the ACP to do this type of damage really: (3) does not result in the degradation of groundwaters or surface waters. ? The pictures below are not of pipeline construction, but are included as visual reminders of how inaccurate the idealized diagram from the ACP is, and what soggy wetland mud is actually like. 1 I{A I i y 1 Y Nor h Carolina's Swamps rbr— Eastern North Carolina is richly endowed with swamps and wetlands. These serve a tremendo s variety of benefits to the state. They provide ref ges and habitats for rare and endangered species, serve as nesting areas for birds and breeding areas for a wide variety of amphibians. 0 r swamps serve as a vast filtering b ffer that helps protect o r waterways. They act as a carbon sink that serves to nat rally seq ester atmospheric CO2. They also serve as important fishing, boating, and recreational areas. L916-1 This map clearly shows the large n mbers of swampland that is crossed by the ACP. Especially in C mberland and Robeson Co nties, these swamps comprise a significant part of the landscape and serve as the headwaters of streams and swamps to the so theastern coastal plains. DEQ can only grant the the 401 water permit if: 3. does not result in the degradation of groundwaters or surface waters;\ 4. does not result in cumulative impacts, based upon past or reasonably anticipated future impacts,that cause or will cause a violation of downstream water quality standards; The trenching, digging, clearing, sedimentation, and erosion that the pipeline will create in these swamps violate both (3) and (4) above. For the protection of the swamps of our state, deny the permit. NCDEQ - This statewide shapefile contains the freshwater s rface water classifications for Swamp Waters in North Carolina. This data was first ploaded on March 29, 2016 and originally p Iled from BIMS in November 2014. See the Classifications and Standards/R le Review Branch website. Risk of Explosions due o Duke Energy's Valve Failures News Item: MOSS BLUFF, Texas (AP) "A second explosion in less than 24 hours rocked a burning underground gas storage facility early Friday, prompting authorities to expand an evacuation zone around the site. The fire at Duke Energy's Moss Bluff natural gas facility intensified overnight, an official said. The second explosion was reported at 1:15 a.m. and was seen as far as 20 miles away, witnesses said. Authorities had decided to let the fire ignited in the first explosion Thursday burn itself out, a process they said would take several days. The explosion was blamed on leaking gas. The second explosion Friday morning happened because the fire caused a valve to give way on top of the storage cavern, said Danny Gibbs, a spokesman for Charlotte, N.C.-based Duke Energy. Everyone within a three-mile radius of the facility was being evacuated, and additional shelters were being set up, authorities said. The first explosion had prompted evacuations within a one - mile radius in the sparsely populated area about 40 miles northeast of Houston. Authorities called in experts at capping blown -out wells to examine how to cool down and control the fire. The first blast about 4 a.m. Thursday sent flames 150 to 200 feet into the air. An employee making his rounds at the time escaped unharmed, said sheriffs Capt. Bill Tidwell. Workers have shut off the supply of gas feeding the underground storage cavem...However, they remain concerned about a series of pipelines that connect to the facility and are 2-3 feet underground. Heat from the fire could cause them to rupture and ignite." 1 14 Gas explosions on a pipeline not only risk fatalities and injuries to residents, but risk starting wildfires, and risk damaging wildlife and stream life along our wetlands and rivers. Granted, this was a methane storage facility and not a pipeline, but appropriate and safe valves are essential to both types of operations. Duke not only had a serious valve problem, but had not employed redundant shut-off options that could, and should, have been employed. How will DEQ know that Duke Energy has properly improved the quality of the valves that it uses? http: //www. chron. com/newslhouston-texaslarticleNalve-failure-sends-flames-into-sky-at-Moss- Bluff-1969876.php Posted 8/20/2004 7:09 AM Updated 8/20/2004 11:53 AM Copyright 2005 The Associated Press. Drilling Fluids and "Inadver en Re urns" From the FEIS for the Atlantic Coast Pipeline: 7.0 Condition 2 — Loss of Drilling FI id Circ lation (FEIS Vol me II, Appendix H, page 4) • Adjusting drilling fluid properties and parameters to encourage annular flow by weighting up or down, increasing viscosity, or adding lost circulation material to plug the seam where fluid is being lost. Flow will be maintained such that annular velocities promote returns to the drilling rig tanks. • If circulation is restored or drilling fluid is not observed on the surface, drilling will continue under Condition 2 for a period of no less than eight drilling hours. If a return is not identified and either loss or significant reduction of drilling fluid circulation does not occur during this eight-hour period, the Contractor will notify Atlantic/DTI that drilling under Condition 1 has resumed. •-] What steps will DEQ take to ens re that the additives sed in these circ mstances are non-toxic and will not affect gro ndwater potability, or s rface waters. When drilling m d is being "lost", it is following an ndergro nd path that can be a fa It, a crack, an aq ifer, or other seams or cond its that allow the m d to flow away from the intended drilling path. If drilling fl id is being lost, and is not observed on the s rface, it is going somewhere. DEQ sho Id req ire drilling and p mping of drilling fl ids to stop ntil the loss of fl id is proved to not be flowing into an aq ifer or flowing laterally into another stream, spring, or wetland. This portion of the DEIS text of the DEIS indicates a clear violation of the approval conditions: (3) does not result in the degradation of groundwaters or surface waters; (4) does not result in cumulative impacts, based upon past or reasonably anticipated future impacts,that cause or will cause a violation of downstream water quality standards; Atlantic Coast Pipeline and Supply Header Project Final Environmental Impact Statement Vol me II, Appendix H, page 4 Grossly Inadequa a Moni oring for Drilling Mud Releases 6.2 Monitoring (of Drilling Mud) (Volume II of FEIS, Appendix H, page 4) "Routine monitoring under Condition 1 will consist of visual inspection by the Contractor and/or an Environmental Inspector (EI) 3 along the drilled alignment on land and on the waterbody bed where visible from land or by boat. These examinations will be made periodically on a time interval no less than every four hours, except during hours of darkness. Additionally, Atlantic and DTI will monitor source waters, such as seeps and springs, along or near the drill path for possible inadvertent returns on a time interval no less than every four hours, except during hours of darkness." DEQ: FERC apparently thinks that it is routine and acceptable for drilling mud to be flowing out of the drilling tunnel as it passes under a North Carolina river for 4 hours without having someone do a surface inspection. Four hour intervals are totally unacceptable if a major river is being drilled under. However, it cannot possibly be acceptable to DEQ that drilling could continue overnight for the entire duration of darkness without having a surface inspection. DEQ cannot protect North Carolina rivers if any drilling occurs during hours of darkness. The protection of North Carolina's rivers and water is required before a 401 permit is granted by DEQ. All of our coastal plains rivers are going to be crossed, and horizontal directional drilling is planned for most of them. A qualified DEQ inspector must be present on-site and doing visual inspections and real-time inspections with one or more video equipped drones flying over the drill path and adjacent water. FERC's 4 hour interval between inspections while one of our major rivers is actively being put at risk should be grounds for denying the permit. Atlantic Coast Pipeline and Supply Header Project Final Environmental Impact Statement Vol me II, Appendix H, page 4 Valve failure sends flames in o sky a Moss Bluff s orage facili y A valve assembly failed early today at the Moss BI ff ndergro nd nat ral gas storage facility near the Liberty -Chambers co my line, sending a pl me of b rning gas 1,000 feet into the night sky and forcing the evac ation of h ndreds of nearby residents. It was the second eruption of flame since a blast yesterday ignited the gas, stored in an underground cavern at a facility owned by Duke Energy. Fire and company officials have decided to let the fire b rn itself o t By S.K. BARDWELL and CINDY HORSWELL Copyright 2004 Ho ston Chronicle P blished Friday, A g st 20, 2004 "The Moss Bluff incident was a real eye-opener. The reported failure of a single emergency shut-off valve severely damaged one of the three salt caverns that had been leached in the Moss Bluff salt dome for the purpose of storing natural gas. The estimated replacement value of the cavern is in the range of $15 to $20 million. Also lost was approximately 6,000,000 MMBtu of gas worth a reported $36 million or more. " But with an incremental investment of about $50 million -approximately the cumulative cost of the losses at Moss Bluff -three caverns at Moss Bluff could have been equipped with this redundant backup. John M. Hopper "Gas Storage and Single Point Failure Risk" Hart Energy P blishing, LP, 4545 Post Oak Place, Ste. 210, Ho ston, TX 77027 USA sited at http://aasfreeseneca.com/wp-content/uploads/2011/06/Gas-Storage-Explosions.pdf *John M. Hopper is president and CEO of Falcon Gas Storage Co., one of the largest independent owners and operators of high-deliverability, multi -cycle depleted reservoir gas storage in the United States. DEQ: This was a methane storage facility and not a methane pipeline. However, it shows that Duke Energy has not taken adequate steps to prevent explosions. It indicates that, once again, Duke Energy was willing to take unnecessary risks by refusing to spend the money needed to prevent extremely dangerous events. Has anyone at DEQ found out why Duke had a defective valve for their methane storage facility? Has anyone at DEQ investigated what type of valve is planned for the ACP and investigated precautions to prevent such explosions and valve failures along NC's waterways? Duke fined after found to be responsible for explosion. WCPO. cam 19 On Your Side This November, 2010 explosion caused $1,000,000 dollars worth of property damage. The Public Utilities Commission found Duke Energy responsible for the damage. It was due to improper procedures being followed by a Duke subcontractor. COLUMBUS An energy company has agreed to pay a $500,000 fine over a 2010 natural gas explosion in southwest Ohio that injured seven people. Duke Energy Ohio also will take steps to better comply with gas pipeline safety standards under its agreement with state regulators announced on Wednesday. Residents said they heard an explosion like a bomb going off before fire ripped through an apartment complex in Lebanon in November 2010. The Public Utilities Commission of Ohio says a Duke contractor didn't follow proper procedures when it turned gas service back on in one of the apartments and then failed to investigate when a resident reported smelling gas. DEQ: How can the waters of North Carolina be adequately protected when Duke Energy does not supervise or train its subcontractors appropriately? How can DEQ trust that citizen reports of water contamination, leaks, or pipeline failures are properly and promptly investigated by Duke Energy? Carolina Bays hrea ened by he ACP Below are 3 maps of the so thern end of the ACP in Robeson Co nty. These are incl ded to ill strate the n mero s wetlands and especially the elliptical wetlands. These are niq e formations that are most common in North and So th Carolina's coastal plains. Southern end of the ACP in Robeson County. ESRI GIS map and photo "The ecological importance of these wetlands as habitats for species that require an aquatic environment for a part of their life cycle has been well-documented. Many Carolina bays have been drained and converted to agriculture or other uses, and many of the smaller bays have been poorly inventoried and mapped. If these wetlands are not protected in the future, a major source of biological diversity in the southeastern United States will be lost." "Carolina bays, depression wetlands of the southeastern United States Coastal Plain, are "islands" of high species richness within the upland landscape and are the major breeding habitat for numerous amphibians." W 0 _­ I,. 141 The map below highlights the Carolina Bay ellipses. Unfort nately, when the research team did the st dy, they stopped north of the ACP pipeline path. However, when combined with the aerial photograph and the USFW wetland map, it is easy to see how many of these feat res, and related wetlands lie along this path. An in -progress database of Carolina Bays geologic features in southern North Carolina. Part of a student and faculty collaboration in the Department of Geosciences at Mansfield University. Current 12/11/2014 I wwaannalfuaif , _ �,� fNrnwx+w mw wpas wwvimi.q.�� .. �. �. An in -progress database of Carolina Bays geologic features in southern North Carolina. Part of a student and faculty collaboration in the Department of Geosciences at Mansfield University. Current 12/11/2014 DEQ "Protecting bays from h man alteration involves controlling spread of invasive species from adjacent fields and limiting destr ctive trespassing. It sho Id be noted that the val e of Carolina bays as habitat for certain animal species is greatly increased by maintaining b ffer zones aro nd the wetlands. For example, several species of aq atic t rtles common to bays nest and hibernate on land. "(Messina and Connor) The construction and maintenance of the ACP does the complete opposite of the protections listed by Messina and Connor. It creates the spread of invasive species, eliminates buffer zone around them, and ensures massive destructive trespassing by heavy equipment. If DEQ is to protect North Carolina's valuable wetlands, then the unique and critically important plant and animal habitats in our pocosins and Carolina Bays must be protected. Allowing the 401 permit would ensure the destruction of many of these essential, rapidly dwindling, and endangered wetland features. CAROLINA BAY WETLANDS: UNIQUE HABITATS OF THE SOUTHEASTERN UNITED STATES. Rebecca R. Sharitz, 2003 The Society of Wetland Scientists. Map by Department of Geosciences at Mansfield University. Current 12/11/2014 Southern Forested Wetlands — Ecology and Management. Michael Messina and William Connor 1998. Recen Me hane Pipelines have shown ha Serious Leaks Occur During Cons ruc ion. Avideo shows drlllIng mud discharged into a wet[arid area along the Tuscarawas River south of the town of Navarre. The affected area is 1,000 feet long and 500 feet wide. (Ohio EPA) Mariner 2 East Construction of Sunoco Pipeline's $3 billion 350 -mile long Mariner East 2 pipeline resulted in at least 61 drilling mud spills from April 25 through June 17, 2017, according to newly released documents. The spills have occurred in ten of the 12 counties along the route and range from minor releases of five gallons to larger more serious releases of tens of thousands of gallons. Rover Pipeline "The Federal Energy Regulatory Commission on Wednesday ordered Rover Pipeline to stop new drilling in the $4.2 billion project until it addresses environmental concerns, after the company spilled 2 million gallons of a nontoxic bentonite mud used as drilling lubricant in Stark County. ..the state agency has recorded 18 pipeline -related incidents that affected 11 counties over the past two months, ranging from open burning violations, bentonite mud spills and water pollution. At least eight broke state laws and more are under review, according to the Ohio EPA." DE Major companies including Sunoco, and Rover have had multiple serious leaks during construction in 2017 alone. Is there any reason for DEQ to allow North Carolina's waterways to experience similar disasters? http://www.nbcnews.com/news/us-news/feds-halt-new-drillin -rtepipeline-after-spill-ohio- wetland-n758186 https://stateimpact.npr. org/pennsylvania/2017/07/ 19/mariner-east-2-construction-has-resulted-in- dozens-of-spills-documents-show/ Washington Post — May 10, 2017 By Steven Mufson Glyphosa a Applica ions along he Pipeline According to a new st dy by the U.S. Geological S rvey:: "More than 180 pesticides and their by -prod cts were detected in small streams thro gho t 11 Midwestern states, some at concentrations likely to harm aq atic insects. At least one pesticide in at least half of the 100 streams sampled exceeded a threshold predicted to cause harm to aquatic insects and other stream organisms, ranging from acute effects like death after a short-term exposure to chronic effects like longer-term impairments to reproduction and development. Two to four pesticides exceeded that threshold in more than a quarter of the streams. Aquatic insects, like mayfly and stonefly larvae, are critical to stream health because they are an essential link in the aquatic food web. " The FEIS states that "herbicides would not be utilized for normal vegetation maintenance. (Vol 1, p. 5-13) C Trees are never allowed to grow above or near methane pipelines. Although the FEIS states that herbicides will not be utilized for normal vegetation maintenance, this needs to be clarified and verified along with a binding commitment to follow this policy for the duration of the pipeline's use. Glyphosate and related herbicides are extremely toxic to amphibians. Their moist skin allows the chemicals to be absorbed easily and it is well established that this leads to reproductive failures and deformities. Duke Energy's maintenance crews have, in recent years, used herbicides — presumably glyphosate — across many hundreds of miles of powerlines in NC. Previously they used mechanical clearing and bush -hogs to clear their right-of-ways. However, now Duke is completely indiscriminate in the use of herbicides on slopes right beside rivers, streams and wetlands. What assurance does DEQ have that the vague promise in the FEIS will be followed for decades. Duke Energy cannot be trusted to stay in compliance with their stated herbicide policy. "United States: Pesticides Prevalent in Midwestern Streams." Tenderslnfo News, 11 Aug. 2017. Infotrac Newsstand, USGS - Complex mixtures of dissolved pesticides show potential aquatic toxicity in a synoptic study of Midwestern U.S. streams. 2017 Inadver en Release of Drilling Mud Slurry A st dy by the Gas Research Instit to shows that half of horizontal directional drilling release drilling m d. According to a the research done by the Gas Reseach Instit to (GTI) in 2008, Horizontal Directional Drilling (HDD) contractors reported abo t half of their installations experienced inadvertent ret rns. These were large contractors that "incl ded installations of vario s lengths and in an assortment of geotechnical conditions." In the Final Environments Impact Statement (FEIS), FERC state:s "Atlantic has committed to sing the HDD method to cross the fo r waterbodies with known presence of Ne se River waterdogs, and at one additional waterbody where presence has been ass med (Contentnea Creek) to minimize direct impacts on the species if present d ring constr ction. However, some individ als may be affected if there is an inadvertent ret rn of drilling fl id sed in the crossing. The drilling fl id, which consists primarily of water mixed with bentonite clay (and additives s ch as thickening agents), co Id affect water q ality at the point of the release in or near the waterbody, which in t rn co Id impact Ne se River waterdogs at or in the nearby downstream area." S7 If DEQ is going to protect o r rivers, a 50/50 chance of filling rivers or wetlands with large vol mes of bentonite, seem like an nacceptable risk. Will DEQ be willing to grant the 401 permit and gamble when the stakes are so high? Skonberg, Eric R., et al. "Inadvertent SI rry Ret rns d ring Horizontal Directional Drilling: Understanding the Freq ency and Ca ses." , 2008 Duke and Dominion's Possible Use of Diesel fluids in Drilling Mud "On April 15, 2017, Rover Pipeline LLC (Rover) informed Commission staff in the Office of Energy Projects (OEP) that there was an inadvertent release of drilling m d while completing the horizontal directional drilling (HDD) of the T scarawas River. As a res It, approximately two million gallons of bentonite -based drilling fl id was spilled into a state -designated wetland." The U.S. Department of Energy's Federal Energy Reg latory Commission iss ed the following statement by Acting Chairman Cheryl A. LaFle r and Commissioner Colette D. Honorable stated: "We are tro bled by the T scarawas River HDD spill and the indications that diesel f el is present in the drilling m d tilized for the T scarawas River HDD. " ".. this incident raises concerns abo t potential long-term environmental impacts, incl ding impacts on sensitive wetlands in Ohio. Moreover, the presence of diesel f el in the drilling m d is inconsistent with the commitments made by Rover on which the Commission relied to certificate its project." FERC Chairman LaFle r, Commissioner Honorable Iss es Statement on T scarawas River Targe ed News Service; Washing on, D.C. [Washington, D.C] 01 J ne 2017. DEQ The Rover Pipeline company committed to not se any diesel fl ids in their drilling m d, b t then approximately 2 million gallons of drilling m d were spilled and diesel fl ids were a component of the m d. D ke Energy and Dominion also have stated that they will not se toxic additives in their drilling m d, b t DEQ has no way to monitor composition of the drilling m d, and cannot prevent a similar h ge spill with chemicals that will ca se serio s damages to North Carolina's water and wetland wildlife. The Rover Pipeline refused o pay for heir we land damages from "inadver en release" of drilling mud. Duke Energy is likely to use the same tactics if a spill occurs. The scene at an Rover Pipeline spill in Stark Co nty, Ohio. Ohio EPA The construction of the Rover pipeline, originating in Western Kentucky, Southeastern Ohio and Southwestern Pennsylvania and spanning across Ohio to Michigan, was halted after spilling more than two million gallons of drilling fluid in the Ohio wetlands. The Rover pipeline is also under fire for refusing to pay $1.5 million to the State Historic Preservation Office in addition to being accused of 18 incidents of pollution violations reported in 11 counties in Ohio. &M Duke Energy has a history of not only causing environmental damage, but fighting to be absolved from paying fines and remediation costs. During the construction of the Rover Pipeline in Ohio, the company involved in a $1.5 million dollar fine refused to pay. Because DEQ does not have written and legally binding agreements from Duke, Dominion and subcontractors that they will pay for damages to North Carolina's waters, the state may be left with extreme damages with no way to pay for remediation. The 401 permit should not be granted because there is no assurance that Duke and Dominion will not fight the state in courts rather than willingly, quickly, and thoroughly pay all fines for the necessary work to repair all wetlands damages and water contamination. Our state's waterways cannot afford the delays and stalling techniques that Duke Energy has used in the past following their violations of the law to preserve their profits in direct opposition to their moral obligation to quickly and fully pay the fines and remediation expenses for the damages that they create. "Rover Pipeline Spills in Ohio Wetlands" By All Sides Staff • May 17, 2017 http://radio.wos .org/post/rover-pipeline-spills-ohio-wetlands ACP Will Inevi ably Lead o Declines in Mussel Popula ions. Some of the more important habitat modifications contrib ting to m ssel decline in Florida and elsewhere incl de impo ndments, channelization, sedimentation, mining, chemical contamination, and development activities (Downing et al. 2010 Diff se and chronic threats (e.g., contaminants) that act insidio sly to impact m ssel pop lations represent the greatest c rrent conservation challenge (Strayer et al. 2004). Ca sative agents responsible for the declines are diffic It to identify d e to ins fficient empirical evidence (Downing et al. 2010; Haag 2012). Nevertheless, it is clear that anthropomorphic factors in Coastal Plain streams have altered s bstrate stability and red ced m ssel diversity and ab ndance (Haag and Warren 2007). (p. 100) The Tar River spinymussel is one of only three freshwater spined mussels in the U.S. and only found in North Carolina. Photo Credit: Chris Eads "Declining m ssel pop lations are a red flag for h mans," said Sarah McRae, a biologist in the U.S. Fish and Wildlife Service's Raleigh Ecological Services Field Office. "M ssels are very sensitive to changes in water q ality and if their n mbers start to drop, it tells s there's a problem with the stream. Caring abo t the well-being of o r creeks and rivers means caring abo t the well-being of o r m ssels—they're inseparable." DEQ The above q otes come from a recent book on the Freshwater M ssels of Florida. However, the iss es addressed are directly relevant to so theastern coastal plain m ssels. The ACP cannot be b ilt witho t altering "s bstrate stability". If yo want to preserve o r threatened and declining m ssel pop lation, yo will do long-term damage to o r coastal plain m ssels. Williams, James D., B tier, Robert S., and Warren, Gary L. Freshwater M ssels of Florida. T scaloosa, US: University of Alabama Press, 2014. ProQ est ebrary. Web. 18 A g st 2017. "P tting m ssels on the path to recovery in North Carolina" US Fish and Wildlife Service https://www.fws.gov/endangered/map/ESA s ccess stories/NC/NC story3/ Pearly Mussels — Unionidae M ssels have very long life -spans which can range from decades to more than 100 years. "The long life spans of pearly m ssels may have practical conseq ences as well. Long-lived, slow-growing animals are notorio sly sensitive to overharvesting and other so rces of mortality, and they may be very slow to recover." MU Have you determined how long it would take for each of the mussel species affected by the Atlantic Coast Pipeline construction? Beca se m ssels are completely dependent on the appropriate host fish to carry the glochidia, have yo reviewed the generations that wo Id be needed to reestablish both the m ssels and their hosts? Changing Perspectives on Pearly M ssels, North America's Most Imperiled Animals DAVID L. STRAYER, JOHN A. DOWNING, WENDELL R. HAAG, TIMOTHY L. KING, JAMES B. LAYZER, TERESA J. NEWTON and S. JERRINE NICHOLS BioScience Vol. 54, No. 5 (May 2004), pp. 429-439 DEQ Needs o Work o Res ore Mussel Popula ions — No Endanger Them "Clearly, large, healthy m ssel pop lations greatly infl ence aq atic ecosystems. The widespread decline in m ssel pop lations over the past cent ry has likely been accompanied by profo nd loss of ecosystem services, which has affected h mans in ways we are only beginning to nderstand (Va ghn and Hakenkamp 2001; Va ghn 2010). It will take an extraordinary effort to restore m ssel pop lations to a point where ecosystem services are even a fraction of what they were historically "(Va ghn et al. 2004; Haag 2012). (p. 92-93) DEQ It will take an extraordinary effort to begin restoring m ssel pop lations in North Carolina. To allow a gash to be c t across the entire state from north to so th wo Id almost certainly devastate many of the endangered m ssel pop lations. The n mber of creeks, stream, and rivers potentially impacted by the pipeline constr ction and maintenance is h ge. To risk damaging those wo Id not only affect the m ssel pop lations, b t the entire coastal plains ecosystems that the m ssels help s pport. M ssels also serve as ecosystem engineers by creating, modifying, or maintaining physical habitat (G tierrez et al. 2003; Spooner and Va ghn 2006; Va ghn et al. 2008). Williams, James D., B tler, Robert S., and Warren, Gary L.. Freshwater M ssels of Florida. T scaloosa, US: University of Alabama Press, 2014. ProQ est ebrary. Web. 18 A g st 2017.