20140957 Ver 2_Tree Felling Related to S&EC Plans_20171018

Burdette, Jennifer a
From:
Sent:
To:
Cc:
Subject:
Spencer,
Vinson, Toby
Wednesday, October 18, 2017 2:23 PM
[e-mail]; [e-mail];
[e-mail]; [e-mail];
[e-mail]
Burdette, Jennifer a; Higgins, Karen; Denton, Bill; LaBounty, Tim L; Valentine, Thad;
Baker, Chris; Davis, Tracy; Cole, Brad; Coco, Julie; Neupane, Jeevan; Pace, Jodi
RE: [External] ACP - Upland Tree Felling
Jennifer Burdette, with our 401 & Buffer Permitting Branch, forwarded your email regarding expectation to begin felling
trees on November 16, 2017.
I am compelled to share with you that per NCGS 113A-57(4) of the NC Sedimentation Pollution Control Act, no person
or entity shall initiate any land -disturbing activity that will disturb more than one acre unless, 30 or more days prior to
initiating the activity, an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction
and approved by the agency. Your intention to fell trees is a land -disturbing activity that falls under this requirement. By
definition (113A-52(6)), a "Land -disturbing activity" means any use of the land ... that results in a change in the natural
cover or topography and that may cause or contribute to sedimentation.
If any land -disturbing activity related to this project, including felling trees, begins prior to receiving an Approval by
DEQ's Division of Energy, Mineral, and Land Resources it will be considered a violation and at minimum a Notice of
Violation will be issued. DEMLR has Disapproved the initial Erosion & Sedimentation Control Plan submitted for this
project and is currently awaiting a revised plan to address the reasons for disapproval.
It is recommended that an adequate and approvable revised plan be submitted as soon as possible if your operational plans
are to meet your November 16t` goal.
If you have any questions in this regard feel free to contact Bill Denton or Tim LaBounty in our Raleigh or Fayetteville
Regional Offices, Julie Coco in our Central Office or me at your convenience.
Toby
William E. Toby Vinson, Jr., PE, CPESC, CPM
Chief of Program Operations
Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
512 N Salisbury St
1612 Mail Service Center
Raleigh, NC 27699
Phone: [phone]
Email toby.vinsongncdenr.gov

1t7W -��Nothlng Compares_,,.,ip.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Burdette, Jennifer a
Sent: Wednesday, October 18, 2017 12:11 PM
To: Vinson, Toby <[e-mail]>
Subject: FW: [External] ACP - Upland Tree Felling
As we discussed, please see the email below.
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
iennifer.burdette(cDncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 91h FlrArchdale Bldg — Room 942F)
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Spencer Trichell [mailto:[e-mail]]
Sent: Wednesday, October 18, 2017 8:57 AM
To: Burdette, Jennifer a <[e-mail]>; Higgins, Karen <karen.hi ins e ncdenr.gov>
Cc: 'Dailey, Samantha J CIV USARMY CESAW (US)' <[e-mail]>; Gibby, Jean B CIV
USARMY CESAW (US) <[e-mail]>; Greer, Emily C CIV USARMY CESAW (US)
<[e-mail]>; Richard B Gangle <richard.b.gan [e-mail]>
Subject: [External] ACP - Upland Tree Felling
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the
attachment and content are safe. Send all suspicious email as an attachment to report. spamknc.gov.
Ms. Burdette and Ms. Higgins,
Atlantic plans to begin tree felling on November 16, 2017, in order to comply with agency -
recommended time of year restrictions associated with migratory birds and protected bats and
minimize adverse effects to these species. Tree felling would occur by hand without land disturbance
and only in those areas outside of waters of the U.S. (i.e., uplands).
I am requesting confirmation that the North Carolina Department of Environmental Quality does not
regulate tree felling in upland areas under your Section 401 regulatory program. Thanks in advance
for your prompt response.
Regards,
Spencer Trichell

Environmental Consultant - Atlantic Coast Pipeline
Dominion Energy Services, Inc.
5000 Dominion Blvd
Glen Allen, VA 23060
0:(804)-273-3472 M:(804)-263-5980
spencer.trichell(c�dominionenergy.com
CONFIDENTIALITY NOTICE: This electronic message contains information which may be legally
confidential and or privileged and does not in any case represent a firm ENERGY COMMODITY bid or offer
relating thereto which binds the sender without an additional express written confirmation to that effect. The
information is intended solely for the individual or entity named above and access by anyone else is
unauthorized. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents
of this information is prohibited and may be unlawful. If you have received this electronic transmission in error,
please reply immediately to the sender that you have received the message in error, and delete it. Thank you.