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HomeMy WebLinkAbout20140957 Ver 1_Corps of Engineer Correspondence_20150914Burdette, Jennifer a From: Sent: To: Cc: Subject: Attachments: Classification: UNCLASSIFIED Caveats: NONE Mr. Johnson, Brown, Craig J SAW <Craig.J.Brown @usace.army.mil> Monday, September 14, 2015 9:39 AM James Johnson Burdette, Jennifer a; Shaeffer, David L SAW RE: [EXTERNAL] questions concerning erosion and sediment controls where pipeline will impact wetlands and non wetlands (UNCLASSIFIED) table of permits required.pdf I am the USACE Project Manager for the North Carolina portion of the Atlantic Coast Pipeline (ACP). Our role, USACE's, in the pipeline construction will be the permitting of impacts to jurisdictional streams and wetlands. Although we have not received a permit request yet (I'm expecting it to come in the next couple weeks), there have been ongoing discussions with Dominion to avoid, minimize and mitigate for impacts to waters of the U.S. Let me try to answer your questions: Your Question #1: "Once this project is approved and construction begins, what type of plans does the gas company have to submit for erosion and sediment issues? and do erosion and sediment plans have to be submitted for non wetland areas of construction ?" Dominion will have to follow guideline's established by FERC (Federal Energy Resource Commission) for erosion and sediment control. In addition, they have been working with state and other federal agencies to ensure that erosion and sediment issues are adequately addressed. Although FERC is the lead agency permitting this project (they are also doing the Environmental Impact Statement), Dominion must also receive permits from the State of North Carolina and the USACE. The state of North Carolina permits the erosion and sediment control plans. The USACE permits impacts to streams and wetlands and also reviews erosion and sediment control plans to make sure they are adequate. I've attached a table that shows the permits required for this project. Your Question #2: "and do erosion and sediment plans have to be submitted for non wetland areas of construction ?" The USACE has authority over the impacts to the streams and wetlands - I'm not sure of Dominions plans to control erosion outside of the wetlands and streams. You might want to contact Dominion or the state of North Carolina to answer this question. Dominion has a website for the ACP, it can be found at: https: / /www.dom.com/ corporate/ what -we -do /atlantic- coast - pipeline From that website (in the Question and Answer section for landowners) is this information: "If I am a landowner and have questions, whom do I contact? Doyle Land Services is assisting Dominion with the project and their representatives should be able to answer most landowner questions. Landowners also can call toll free at 888 - 895 -8716 and one of our right of way representatives will follow up with you. If I am not a landowner but have additional questions, whom do I contact? For anyone else who has non - landowner related questions, please email us at ACpipeline @dom.dom or call toll -free at 844 - 215 -1819 and we will respond in a timely manner." The ACP contact for The North Carolina Division of Water Resources is: Jennifer Burdette; her email is: Jennifer.Burdette @ncdenr.gov I've copied her on this email. Your Question #3: "As a concerned landowner, I would like to know which agency or agencies oversee granting permits for wetland and non wetland." See answers to above questions and the attachment "table of permits required ". Your Question #4: "1 would appreciate any information you can share that will help me to understand how I will know that checks are in place to make sure sensitive wet lands are not ruined through careless practices nor non- wetlands for that matter." Dominion is responsible for seeing that the terms and conditions are met for all their permits. My experience has been that they will either have their environmental people on -site to ensure terms and conditions are met during the construction phase, or contract this out to a private consulting firm. In addition, the USACE will be doing periodic compliance checks to ensure that the terms and conditions of their permit are met. I'm pretty sure that the state will also be making periodic compliance checks (we sometimes do these compliance checks together). For sensitive projects, such as this one, it has been my experience that the permittee (Dominion, in this case) is very responsive to the concerns of private citizens and the state and federal agencies for which they hold permits. I hope this helps to answer some of your questions. Let me know if I can be of further service, Craig Craig J. Brown USACE Raleigh Regulatory Field Office 3331 Heritage Trade Drive Wake Forest, NC 27587 (919) 554 -4884 x35 > - - - -- Original Message - - - -- * From: James Johnson [mailto: ] > Sent: Wednesday, September 09, 2015 12:06 PM > To: Shaeffer, David L SAW • Subject: [EXTERNAL] questions concerning erosion and sediment controls • where pipeline will impact wetlands and non wetlands > Thank you for taking time to read my email. > I am a landowner in Johnston County,NC and my property(08j15005 > parcel) is located in wetlands and is in the path of the proposed Atlantic Coast Pipeline project PF15 -6 -000 that is currently awaiting filing. > My question is: Once this project is approved and construction > begins, what type of plans does the gas company have to submit for erosion and sediment issues ? and do erosion and sediment plans have to be submitted for non wetland areas of construction.? > As a concerned landowner, I would like to know which agency or > agencies oversee granting permits for wetland and non wetland pipeline erosion plans and who inspects to see that the construction process stays in compliance with erosion and sediment standards. > I would appreciate any information you can share that will help me to > understand how I will know that checks are in place to make sure sensitive wet lands are not ruined through careless practices nor non- wetlands for that matter. > I would welcome a call from you. > James A. Johnson 434 917 0618 Classification: UNCLASSIFIED Caveats: NONE Atlantic Coast Pipeline I Exhibit D Permit Table Agency Permit/Approval/Consultation Anticipated N46ng Anticipated Approval Date Date Federal Energy Regulatory Cormnission Certificate of Public Convenience and Necessity under Section 7(c) of the Natural Gas Act September 2015 July 2016 Bureau of Land Management Right -of Way Grant to cross federal lands in the Monongahela National Forest, George Washington National Forest, and September 2015 September 2016 Great Dismal Swamp National Wildlife Refuge National Oceanic and Atmospheric Consultation under Section 7 of the Endangered Species Act and Section 305 of the Magnuson - Stevens Act August 2014 June 2016 Administration— National Marine Fisheries Service National Park Service - Blue Ridge Parkway Right -of Way Grant and Special Use Permit to cross the Blue Ridge Parkway and the Appalachian Trail September 2015 June 2016 and Appalachian Trail Scenic Corridor U.S. Army Corps of Engineers — Huntington, Department of the Army Permits under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors September 2015 September 2016 Pittsburgh, Norfolk, and Wilmington Districts Act U.S. Fish and Wildlife Service —Great Dismal Special Use Pennit and Concurrence in the Right-of-Way Grant issued by the Bureau of Land Management to cross the September 2015 June 2016 Swamp National Wildlife Refuge Great Dismal Swamp National Wildlife Refuge U.S. Fish and Wildlife Service — West Consultation under Section 7 of the Endangered Species Act August 2014 June 2016 Virginia, Virginia, and North Carolina Ecological Field Services Offices U.S. Forest Service — George Washington Special Use Permit and Concurrence in the Right -of Way Grant issued by the Bureau of Land Management to cross the September 2015 September 2016 National Forest George Washington National Forest U.S. Forest Service — Monongahela National Special Use Permit and Concurrence in the Right -of Way Grant issued by the Bureau of Land Management to cross the September 2015 September 2016 Forest Monongahela National Forest West Virginia Department of Environmental Air Permit —New Source Review Permit April 2015 September 2016 Protection— Division of Air Quality West Virginia Department of Environmental Water Quality Certificate under Section 401 of the Clean Water Act September 2015 September 2016 Protection — Division of Water and Waste Management West Virginia Department of Environmental National Pollutant Discharge Elimination System — Stormwater Associated with Oil and Gas Related Construction April 2016 July 2016 Protection— Division of Water and Waste Activities — WL 0116815 Management West Virginia Department of Environmental National Pollutant Discharge Elimination System — Water Pollution Control Permit for Hydrostatic Testing Water — July 2016 August 2016 Protection— Division of Water and Waste WV0113069 Management West Virginia Department of Enviromnental Large Quantity User Water Use Registration July 2016 September 2016 Protection — Division of Water and Waste Management West Virginia Division of Culture and History Consultation under Section 106 of the National Historic Preservation Act June 2014 September 2016 Page I Atlantic Coast Pipeline I Exhibit D Permit Table Agency Permit/Approval/Consultation Anticipated Ni6ng Anticipated Approval Date Date West Virginia Division of Natural Resources — Natural Heritage/Protected Species Consultation August 2014 March 2016 Natural Heritage Program West Virginia Division of Natural Resources — Stream Activity Permit (Joint application with the Public Lands Corporation) May 2016 September 2016 Office of Land and Streams West Virginia Public Lands Corporation Stream Activity Permit (Joint application with the Division of Natural Resources) May 2016 September 2016 Virginia Department of Conservation and Virginia Scenic Rivers Clearance October 2015 March 2016 Recreation Virginia Department of Environmental Quality Consistency Determination under the Virginia Coastal Zone Management Program August 2015 May 2016 — Coastal Zone Management Program Virginia Department of Environmental Quality Air Permit - New Source Review Permit April 2015 September 2016 —Air Division Virginia Department of Environmental Quality Water Quality Certificate under Section 401 of the Clean Water Act (Joint Permit Application for the Water Quality September 2015 September 2016 —Water Division Certificate, Virginia Water Protection Permit, River and Stream Crossing Permit, and Department of the Army Permit) Virginia Department of Enviromnental Quality Virginia Water Protection Permit (Joint Permit Application for the Water Quality Certificate, Virginia Water Protection September 2015 September 2016 — Water Division Permit, River and Stream Crossing Permit, and Department of the Army Permit) Virginia Department of Environmental Quality General Permit for Discharges of Stonnwater from Construction Activities (VARtO) April 2016 July 2016 — Water Division (or approved local government) Virginia Department of Environmental Quality General Pennit for Discharges from Petroleum Contaminated Sites, Groundwater Remediation, and Hydrostatic Tests August 2016 September 2016 —Water Division (VAG81) Virginia Department of Environmental Quality Soil and Erosion Plan and Variance for Open Trench Length April 2016 July 2016 — Water Division Virginia Department of Environmental Quality Surface Water Withdrawal Permit August 2016 September 2016 — Office of Water Supply Virginia Department of Game and Wand Natural Hentage'Protected Species Consultation August 2014 March 2016 Fisheries Virginia Department of Historical Resources Consultation under Section 106 of the National Historic Preservation Act June 2014 September 2016 Virginia Marine Resources Cormnission River and Stream Crossing Permit (Joint Permit Application for the Water Quality Certificate, Virginia Water Protection September 2015 September 2016 Permit, River and Stream Crossing Permit, and Department of the Army Pennit) North Carolina Department of Environment Air Pennit— Stationary Source Construction and Operation Permit August 2016 September 2016 and Natural Resources — Division of Air Quality Page 2 Atlantic Coast Pipeline I Exhibit D Permit Table Agency Permit/Approval/Consultation Anticipated Filing Anticipated Approval Date Date North Carolina Department of Environment General Permit NCG 010000 to Discharge Stormwater under the National Pollutant Discharge Elimination System April 2016 July 2016 and Natural Resources — Division of Energy, Mineral, and Land Resources (or approved local government) North Carolina Department of Environment General Permit SWG040000- General Permit to Construct a Linear Utility Line and Associated Incidental Built-Upon April 2016 September 2016 and Natural Resources — Division of Energy, Area Mineral, and Land Resources (or approved local government) North Carolina Department of Environment Approval of Erosion and Sediment Control Plan April 2016 September 2016 and Natural Resources — Division of Energy, Mineral, and Land Resources (or approved local government) North Carolina Department of Environment water Quality Certificate under Section 401 of the Clean Water Act September 2015 September 2016 and Natural Resources — Division of Water Resources North Carolina Department of Environment Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit September 2015 September 2016 and Natural Resources — Division of Water Resources North Carolina Department of Environment Buffer Authorization (for riparian zone disturbance) August 2015 June 2016 and Natural Resources — Division of Water Resources North Carolina Department of Environmcnt Natural Heritage/Protected Species Consultation August 2014 March 2016 and Natural Resources - Natural Heritage Program North Carolina State Historic Preservation Consultation under Section 106 of the National Historic Preservation Act June 2014 September 2016 Office North Carolina Wildlife Commission Protected Species Consultation August 2014 March 2016 Page 3