20140957 Ver 2_20171010 USACE SAW Draft Mitigation Plan-Revised_20171010

Strickland, Bev
From: Stephanie Collins <[e-mail]>
Sent: Tuesday, October 10, 2017 3:27 PM
To: [e-mail]; [e-mail]
Cc: Higgins, Karen; Spencer Trichell; [e-mail]; T.J. Mascia;
Daniel Ingram
Subject: [External] Draft Compensatory Mitigation Plan - ACP in NC (REVISED)
Attachments: 20171010 USACE SAW Draft Mitigation Plan-Revised.pdf
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 [e-mail].
Good Afternoon,
Please see the revised draft compensatory mitigation plan for the ACP in NC. The plan has been updated to state that
impacts associated with ACP will be mitigated for solely by purchasing credits from mitigation banks and ILF. The
cumulative impacts table has also been updated to reflect the type of two (2) PEM wetland impacts. Please let us know
if you have any questions or need any additional information.
Thank you,
Stephanie
Stephanie Collins
Regulatory Specialist
RES I res.us
Direct: 804.729.8994 1 Mobile: [phone]
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and
may contain confidential and privileged information or otherwise protected by law. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the
original message.
From: Stephanie Collins
Sent: Tuesday, September 19, 2017 2:39 PM
To: '[e-mail]' <[e-mail]>
Cc:'[e-mail]' <[e-mail]>; Spencer Trichell
<[e-mail]>; '[e-mail]'
<[e-mail]>; T.J. Mascia <[e-mail]>; Daniel Ingram <[e-mail]>
Subject: Cumulative ACP Impacts in North Carolina - UPDATE
Good Afternoon,
Attached is a revised table detailing the cumulative impacts in North Carolina as a result of the ACP. We've backchecked
the impacts against ERM's supplemental impact table that distinguishes riparian impacts from non -riparian impacts. The
updated numbers are in red text. I also noticed that 30 LF of permanent stream impact in 03030005 was not included on
the table that was included in the draft compensatory mitigation plan submitted on 9/13. This impact and compensation
requirement of 60 SMUs has been added to the table. This credit need is included in the purchase agreement with
LCFUMB, which was provided in our original submittal.

Please let me know if you have any questions or need any additional information. Thanks!
Stephanie Collins
Regulatory Specialist
RES I res.us
Direct: 804.729.8994 1 Mobile: [phone]
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and
may contain confidential and privileged information or otherwise protected by law. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the
original message.
From: Stephanie Collins
Sent: Wednesday, September 13, 2017 10:30 AM
To: '[e-mail]' <Samantha.J.Dai [e-mail]>;'[e-mail]'
<[e-mail]>
Cc: '[e-mail]' <[e-mail]>; 'Spencer Trichell'
<[e-mail]>; '[e-mail]'
<[e-mail]>; T.J. Mascia <[e-mail]>; Daniel Ingram <[e-mail]>
Subject: Draft Compensatory Mitigation Plan - ACP in NC
Good Morning,
On behalf of Atlantic Coast Pipeline, LLC (Atlantic), RES is submitting the attached Draft Compensatory Mitigation Plan
for unavoidable wetland and stream impacts associated with the construction of the proposed Atlantic Coast Pipeline
(ACP) in North Carolina. Upon review of the attached, please contact Spencer Trichell at [phone] or
[e-mail] if there are any questions or comments.
Thank you,
Stephanie
Stephanie Collins
Regulatory Specialist
RES I res.us
Direct: 804.729.8994 1 Mobile: [phone]
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and
may contain confidential and privileged information or otherwise protected by law. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the
original message.

Dominion Energy Services, Inc.
5000 Dominion Boulevard,
Glen Allen, VA 23060
October 10, 2017
BY EMAIL
Ms. Samantha Dailey
U.S. Army Corps of Engineers —Wilmington District
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Samantha.7. Da i ley(cf a sace. a rmy, mi 1
Ms. Emily (Pearl) Greer
U.S. Army Corps of Engineers — Wilmington District
Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
EmilV.C.GreerL&usace.army.mil
OPW Dominion
Energy&
Re: Atlantic Coast Pipeline
Submittal of Compensatory Mitigation Plan for the Proposed Atlantic Coast Pipeline
Project in North Carolina — Revised October 10, 2017
Dear Ms. Dailey and Ms. Greer:
Atlantic Coast Pipeline, LLC, (Atlantic) is pleased to present this revised Compensatory Mitigation Plan
(Plan) for unavoidable wetland and stream impacts associated with the construction of the proposed
Atlantic Coast Pipeline (ACP) in ten (10) Hydrologic Unit Codes (RUCs) in North Carolina. The goal of
this Plan is to fulfill the requirements and conditions of the Nationwide Permit (NWP) 12, in accordance
with Sections 404 and 401 of the Clean Water Act.
The revised Plan describes how Atlantic will compensate for the unavoidable wetland and stream impacts
in the subject HUCs through a combination of mitigation bank credit purchase, ILF credit purchase and
permittee -responsible mitigation (PRM) in the Neuse River Basin. In the HUC where PRM is proposed,
Atlantic has contracted Clearwater Mitigation Solutions to implement the PRM plan, monitor and ensure
performance standards are met, and long-term management of the PRM site as described in 33 CFR 332.3
(1) (Federal Register 2008).
Atlantic requests your review and approval of this revised Plan. Atlantic appreciates the coordination to
date and looks forward to continuing to work with you on this project. Please contact Spencer Trichell at
[phone] or Spencer.Trichell@a,dominionenergv com, if there are questions regarding this submittal.

U.S Army Corps of Engineers —Raleigh and Wilmington Districts
Atlantic Coast Pipeline—Revised Compensatory Mitigation Plan
October 10, 2017
Page 2 of 2
Please direct written responses to:
Richard Gangle
Dominion Energy Resources, Inc.
5000 Dominion Boulevard
Glen Allen, Virginia 23060
Sincerely,
R
Robert Bisha
Environmental Technical Advisor, Atlantic Coast Pipeline
cc: Spencer Trichell, Dominion
Karen Higgins, NC Department of Water Resources
Attachments

Compensatory Mitigation Plan for the Proposed
Atlantic Coast Pipeline in North Carolina
Atlantic
Coast
Pipeline
Submitted September 13, 2017
Revised October 10, 2017
Prepared for:
Mr. Richard Gangle
Dominion Energy Services, Inc.
5000 Dominion Boulevard
Glen AHen, Virginia 23060
U.S
Submitted to:
Ms. Samantha Dailey
Corps of Engineers — Wilmington District
Regulatory Division
31 Heritage Trade Drive, Suite 105
'ake Forest, North Carolina 27587
Ms. Emily (Pearl) Greer
Army Corps of Engineers — Wilmington District
Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
Prepared by:
pres
Resource
Environmental
Solutions

Table of Contents
1.0 Introduction......................................
1.1 Mitigation Banks..........................
1.2 In-Lieu Fee Fund ..........................
1.3 Permittee Responsible Mitigation
Attachment A
Attachment B
Table: Cumulative Impacts in North Carolina
Letters of Availability from Mitigation Banks
2
3
3
4

1.0 Introduction
Atlantic Coast Pipeline, LLC, (Atlantic)/(Permittee) presents this Compensatory Mitigation Plan for
compensatory mitigation for unavoidable wetland impacts associated with the construction of the
proposed Atlantic Coast Pipeline (ACP) in the following Hydrologic Unit Codes (HUCs): 03010107,
03010204, 03020101, 03020102, 03020201, 03020203, 03030004, 03030005, 03030006, and 03040203.
This Plan is prepared in accordance with the Compensatory Mitigation for Losses of Aquatic Resources;
Final Rule issued on April 10, 2008 as detailed in §332.4 (c) of the Federal Register (Volume 73 Number
70). -
Atlantic has completed field surveys on all accessible parcels, analyzed and confirmed impacts, and
secured appropriate compensatory mitigation in accordance with the approach outlined below. Atlantic
has prepared this Compensatory Mitigation Plan with precise details on compensatory mitigation by HUC
for all affected HUCs, in accordance with the requirements of Nationwide Permit 12 (NWP 12) for the
proposed Atlantic Coast Pipeline (ACP) within the Wilmington District.
Compensation for temporary wetlands impacts occurring outside of the maintenance corridor of 15 feet
on each side of the pipeline will be achieved via onsite restoration activities to be implemented in
accordance with the Federal Energy Regulatory Commission (FERC) Right -of -Way (ROW) restoration
0000000v ._
guidelines for wetlands and waterbodies.
Permanent loss of wetlands or streams is not anticipated to occur as a result of the ACP mainline pipeline
construction or associated facilities in North Carolina. However, loss of waters of the U.S will occur as a
result of access road improvements. Existing access roads will be utilized as much as possible where
feasible. Where access road improvements are necessary for use, impacts will be minimized to the
maximum extent practicable, and, in conjunction with other impacts will not result in more than 0.5 acre
or 150 linear feet loss of waters of the U.S. at any single and complete project.
Atlantic will compensate for the permanent conversion of palustrine forested (PFO) wetlands to scrub -
shrub (PSS) and emergent (PEM) wetlands, due to proposed ongoing maintenance along the centerline of
the ACP ROW, and for permanent losses of wetlands and streams at access roads through the use of the
most environmentally preferable options consistent with the 2008 Mitigation Rule (33 CFR 332.1 et.
seq.).
Permanent losses of wetlands, streams, and other waters as a result of access roads are proposed to be
mitigated at the following ratios:
Y 2:1 ratio for riparian wetland
Y 1.5:1 ratio for non -riparian wetland
Y 2:1 for stream impacts
A table detailing the cumulative permanent impacts associated with the North Carolina portion of the
ACP, the ratio utilized, and compensation requirements is provided in Attachment A.
2

1.1 Mitigation Banks
Atlantic will purchase commercially available mitigation credits from an Interagency Review Team
(IRT) -approved mitigation bank as a first option. Where available in sufficient quantity to satisfy the
respective mitigation need, in-kind mitigation bank credits will be purchased from mitigation banks with
released credits servicing the affected areas where the permanent conversion of non -inundated deciduous
hardwood wetlands or loss of wetlands, streams, and other waters would occur.
Atlantic has completed research to identify wetland and stream mitigation banks with available credits
that are able to service the permanent loss and conversion impacts associated with the ACP. Available
credits will be purchased to mitigate for permanent loss and conversion impacts in the following HUCs:
Y 03030004 (non -riparian wetland credits only)
Y 03030005 (non -riparian and riparian wetland credits and stream credits)
Y 03030006 (stream credits only)
Letters of availability from the mitigation banks that are,; e to service impacts in the above -referenced
HUCs are provided in Attachment B.
1.2 In -Lieu Fee (ILF) Fund
The North Carolina Department of Environmental Quality (NCDEQ) Division of Mitigation Services
(DMS) ILF program will be utilized in HUCs where bank credits are not available. As part of their due
diligence in the planning and pre -application phases of the ACP project, Atlantic sought DMS acceptance
of all potential required mitigation, including riparian buffer impacts for the purposes of the NCDEQ
Section 401 Water Quality Certification; while simultaneously brokering available bank credit purchases
and engaging a PRM approach in one select HUC. Atlantic received correspondence from DMS on
October 6, 2017, indicating that DMS is willing to accept payment for compensatory mitigation for
impacts associated with construction of the proposed ACP. DMS is willing to accept payment for the
mitigation required under the conditions indicated below based on credit availability:
Y DMS proposes to use in-kind closed -out surplus credits from Pasquotank 03010205 for the
Chowan 04 non -riparian wetland impacts;
Y DMS proposes to use closed -out surplus riparian credits from Tar -Pamlico 03020102 for the
riparian wetland impacts in Tar -Pam 01;
Y In accordance with the directive from the February 8, 2011 IRT meeting, non -riparian wetland
impacts located in the mountains and piedmont areas of North Carolina (Neuse 01) can be
accepted as requested, but mitigated utilizing riparian wetland mitigation credits and invoiced
using the riparian wetland fee schedule; and
Y DMS proposes to use in-kind closed -out surplus credits from Cape Fear 03030005 for the Cape
Fear 03030006 riparian wetland impacts.
3

In accordance with NCDEQ guidance, Atlantic will provide compensatory mitigation for impacts to
riparian buffers where other wetland mitigation will not occur through the purchase of DMS riparian
buffer credits. The acceptance letter, including the above -referenced conditions, from DMS is provided in
Attachment B.
1.3 Permittee Responsible Mitigation
Atlantic is proposing permittee responsible mitigation (PRM) at the Lowlands Wetland Mitigation site in
Johnston County for impacts proposed in the Neuse River Basin, HUC 03020201. The Lowlands
mitigation site is approximately 71.3 acres. Clearwater Mitigation Solutions will provide wetland
mitigation units generated from the Lowlands Wetland Mitigation Site to offset unavoidable impacts to
wetlands associated with the ACP. The ACP and its permanent 50 -ft ROW are proposed to bisect the Site
with pipeline construction scheduled for 2019. Appropriate measures and considerations will be made to
allow for the integration and construction of the ACP within the Site. A Permittee Responsible Mitigation
Plan for the Lowlands Wetland Mitigation site was originally submitted to the USACE Raleigh and
Wilmington Field Offices on August 17, 2017, and a correction was submitted on August 23, 2017.
4

Attachment A
Table: Cumulative Impacts in North Carolina

Table: Cumulative Impacts in North Carolina
Compensation Permanent
Wetland fonverslon Pcrmenenr Wetlevd Compensation CompevsaBan Rlperlen auger C.ompemation
Penjem Toml(Nonb CmOluq) Impacts (a,el Requ'r'mwt Lass (a,e) Requiremwt(1:IJ Wemrbndy lmpnrt Requirement (2:1) Impae[(SQ FTI Requirement
154.85 154.85 0.80 /.60 766,00 1,532.00 589,471.33 1,351,991.00
Comardin Classiriemiod
Weaund Conversion
Compensation
�n manem
Compensation
Permanent Waterbody
Compensation
Riparian Buaer
Compensation
RUCK Watersbetl
Weterbody Type
RiparianMon-Riparian
Imparts (etre)
Requirement (1:1 I
¢Band Lora
R uqulrervev[(2:1)
Impact (LMS
Requirement (2:11
Impae[(SQ FTI
Ratio
R yeiremrnt
PEM
N/A
000
0.00
0.00
0.00
N/A
N/A
N/A
N/A
N/A
PFO
Nov -Riparian
Riparian
1 1
1.75
1.13
1.15
0.00
0.00
0.00N
0.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
301010]PSS
Non -Riparian
Ripanan
0.02
D.DI
002
0.01
0.00
0.00
0.00
000
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Ephemeral
N/A
N.
N.
N/A
NIA0
00
0.00
N/A
N/A
N/A
Ivtermittwt
N/A
N/A
N/A
N/A
N/A
D.DD
0.00
N/A
N/A
N/A
Peravvial
N/A
WA
WA
N/A
NIA
000
0.00
N/A
N/A
N/A
Su -1
Source n MBi minx
1.91
1.91
DMS
0.00
R.
0.00
Roo
0.00
Roo
PEM
000
o.m
0.00
000
NIA
NIA
N/A
N/A
N/A
PFO
Nov -Riparian
Riparian
165
6.54
165
6.54
000
0.01
0.00
0.02
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
3010204
PSS
Non-Ripmian
Riparian
004
0.01
006
0.01
0.00
000
0.00
0,00
N/A
N/A
NA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Ephemaml
N/A
N/A
NA
N/A
N/A
000
0.00
N/A
N/A
N/A
intermittwt
N/A
N/A
N/A
NIA
N/A
0.00
0.00
N/A
N/A
N/A
Pemr W
N/A
N/A
N/A
WA
NIA
0.0p
0.00
N/A
N/A
N/A
Su -I
&04
B.Od
0.01
0.01
&00
Roo
0.00
Roo
Sonece n Min' arinn
DMS
DMS
PEM
0.00
0.00
0.00
000
N/A
N/A
N/A
N/A
N/A
PFO
Non -Riparian
Riparian
621
ID.11
621
ID.11
0.00
000
0 00
0 00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Non-Ripariav
000
000
000
0 00
N/A
N/A
N/A
N/A
N/A
3020101
PSS
Riparian
0.03
0.03
0.00
000
N/A
N/A
N/A
N/A
N/A
Ephmveml
N/A
MA
N/A
NIA
0.00
0.00
N/A
N/A
N/A
-ft twt
N/A
N/A
N/A
N/A
0.00
0.00
N/A
N/A
N/A
Pa,.W
N/A
N/A
N/A
N/A
0.00
0,00
N/A
N/A
N/A
Rip, Buff Zonal
N/A
N/A
N/A
NIA
N/A
N/A
]1.494.33
3;1
214,483.00
Ripanm Buff Zove2
N.
N/A
MA
N/A
N/A
N/A
69,59000
1.5:1
104,3.500
Sublf
1&35
16.35
Roo
0.00
0.00
Roo
141,084.33
318,868.00
.Snvrce v Miri mime
DMS
DMS
PEM
Non -Riparian
O..
-
D.13
0.26
N/A
N/A
N/A
N/A
N/A
Riparian
i i)
000
0.00
0 00
N/A
N/A
N/A
N/A
N/A
PFO
Non -Riparian
Rip.
4.13
9.30
4.13
930
0.00
0.13
0.00
026
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
N/A
N/A
3020102
Non -Riparian
0.81
0.81
000
0.00
N/A
N/A
N/A
N/A
N/A
PSS
Riparian
000
000
0.00
0 00
N/A
N/A
N/A
NIA
N/A
Hphemerel
11
N/A
N/A
N/A
N/A
0.00
0.00
N/A
N/A
N/A
Ivmnn
N/A
MA
N/A
N/A
000
0.00
N/A
N/A
N/A
Pvrenvial
N/A
N/A
N/A
N/A
0.00
0.00
N/A
N/A
N/A
Riparian BUNm Zovel
N/A
N/A
N/A
N/A
N/A
N/A
73 33
3;1
219,253.00
Riparian Buff, Zone 2
N/A
N/A
N/A
N/A
N/A
N/A
54,610.00
1.51
81.915.00
Submml
1A24
34.24
0.26
0.51
a"
0.00
127,694.33
303,168.00
Suvrce ofMifigafion
DMS
DMS
DMS
PEM
0.00
0.00
0.00
0.00
NA
N/A
N/A
N/A
N/A
PFO
Non -Riparian
Riparian
20.40
9.79
20.40
9.79
0.06
0.11
0.12
0,22
N/A
N/A
N/A
NIA
N/A
N/A
N/A
N/A
N/A
N/A
3020201
PSS
Non -Riparian
Rip--
0.43
0.11
0.43
0.11
0.00
0.00
0.00
000
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
N/A
N/A
Ephemeral
N/A
N/A
N/A
N/A
0.00
N/A
N/A
N/A
N/A
Intermittent
N/A
N/A
N/A
N/A
31.p0
62 00
N/A
N/A
N/A
Perennial
N/A
N/A
N/A
N/A
32.00
64.00
N/A
WA
N/A
Riparian Buff,r 1
N/A
N/A
N/A
NIA
N/A
N/A
114,544.33
31
343.633 00
Riparian Buff Zone2
N/A
N/A
N/A
N/A
N/A
N/A
95,140.67
1.5:1
142,]1100
_,_j
30.72
30.72
0.37
0.34
63.00
316.00
209,685.00
48Q344. 00
Source ofMieigveiun
PRN
PRM
DMS
D-
P_
0.00
0.00
o'.
0.00
N/A
N/A
N/A
N/A
N/A
PFO
Nw-Ripmiw
Ripariarl
10.45
6.70
10.45
6.70
0.00
0.00
0.00
000
N/A
N/A
N/A
N/A
N/A
N/A
NIA
NIA
N/A
N/A
3020203
PSS
Non -Riparian
Riparian ri
0.08
0.00
0.08
0.00
o.0
0.00
00
000
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Ephemeral
Intermittent
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
0.00
000
0.00
0.00
N/A
N/A
N/A
N/A
N/A
N/A
Perewial
N/A
N/A
N/A
N/A
O.W
0.00
N/A
N/A
N/A
Riparian Buffet Zone l
N/A
N/A
N/A
N/A
MA
N/A
52]33,67
3:1
ISR20I00
Riparian Buffer Zone 2
N/A
N/A
N/A
N/A
N/A
NIA
58,2]4.00
1.5:1
87,411.00
Svbrmvl
17,13
17.23
0.00
0.00
a"
d.od
331,007.67
145,61200
Source ofMiligarion
DMS
DMS
PEM
0.00
0.00
0.00
0.00
N/A
N/A
NIA
NIA
NIA
PFO
Non-Ripmien
Riparian
2.51
105
2.51
Lotti
000
0.00
0.00
000
MA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
3030004
PSS
Nw-Ripmiav
Riparian
0.00
0.06
0.00
0.06
0.00
0.00
0.00
0.00
MA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
NIA
EphemeFal
N/A
N/A
N/A
N/A
OOp
0.00
N/A
N/A
N/A
Ivmrmittrnt
N/A
N/A
N/A
N/A
NA
60.00
NIA
N/A
NIA
Perewial
N/A
N/A
N/A
N/A
31.00
61.00
N/A
N/A
N/A
.Svbmsnl
3.63
3.63
0.00
a.
61.00
121.00
Bvnk (NR -4
Snurce IMifigarinn
DMS (R WM ,)
Dom,
PEM
000
D.DD
D.
000
N/A
N/A
N/A
N/A
N/A
PFO
Non-Riparivn
Riparian
10.53
1.49
1053
1.49
0.00
0.00
0,00
000
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
3030005
PSS
NI.Rip006
Ripafian
D.16
0.06
0.16
0.00
0.00
0 00
0.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
N/A
N/A
Ephemeral
N/A
WA
N/A
NIA
0.00
0 00
N/A
N/A
NIA
-i -N/A
N/A
N/A
N/A
0.00
0 00
N/A
N/A
N/A
Pvmlmial
N/A
MA
N/A
NIA
30.00
60.00
N/A
NIA
N/A
Sobmfal
Svv n Miri
12.15
1215
Bank
&00
0.00
3a00
6&00
Bank
PEM
Non-Ripmien
0.00
0.00
0..0.00
WA
N/A
N/A
N/A
N/A
Riparian
0.00
0.00
0.03
O,Ofi
N/A
N/A
N/A
N/A
N/A
PFO
Nw-Ripmiw
Riparian
16.56
6.84
16.56
6.84
0.00
0.00
000
0.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
3030006
PSS
Non -Riparian
Riparian
007
2.30
007
2.30
o.000
0.34
0.68
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Ephemeral
Ivlermittent
N/A
N/A
N/A
N/A
N/A
N/A
WA
NIA
O.OD
545 W
0.00
1,090 00
N/A
N/A
N/A
N/A
N/A
N/A
Pertnnial
N/A
N/A
N/A
N/A
6].00
134.00
N/A
N/A
N/A
S.W.
25.78
25.78
037
O.1
61200
1,224.00
Source nJMirigarinn
DMS
DMS
Bank
PEM
0.00
000
000
000
N/A
N/A
NIA
N/A
N/A
PFO
Non -Riparian
Riparian
11.82
9.46
11.82
9.44
0.00
0.00
0.00
0.00
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
N/A
N/A
31}M10203
PSS
_Rip I.
Riparian
L.
093
1.50
093
000
000
0.00
0.00
MA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NA
N/A
Ephemerel
N/A
N/A
N/A
N/A
0.00
0.00
N/A
N/A
NIA
I
N/A
N/A
N/A
NIA
0.00
0.00
N/A
N/A
N/A
Permnial
N/A
N/A
N/A
N/A
000
0.00
N/A
N/A
NIA
.Svbmml
Snvrce nfMifigariun
23.70
23.70
DMS
0.00
0.00
0.00
0.00
Compensation Permanent
Wetland fonverslon Pcrmenenr Wetlevd Compensation CompevsaBan Rlperlen auger C.ompemation
Penjem Toml(Nonb CmOluq) Impacts (a,el Requ'r'mwt Lass (a,e) Requiremwt(1:IJ Wemrbndy lmpnrt Requirement (2:1) Impae[(SQ FTI Requirement
154.85 154.85 0.80 /.60 766,00 1,532.00 589,471.33 1,351,991.00

Letters of Availabi
Mitigation
Acceptance Letter from DMS

This CREDIT
entered into this _
Carolina limited
1.
2
3
4.
CREDIT SALES AGREEMENT
SALES AGREEMENT (hereinafter referred to as "Agreement") is made and
day of , 2017 by and between Restoration Systems, LLC, a North
liability company (hereinafter referred to as "Seller"), and
(hereinafter referred to as "Purchaser").
PROJECT NAME:
USACE PERMIT NUMBER:
Atlantic Coast Pipeline
(hereinafter the "Project")
PURCHASER: Leslie Hartz c/o Atlantic Coast Pipeline, LLC
707 East Main Street, 191h Floor
Richmond, Virginia 23219
PRICING:
Number of credits Credit type Credit price Total purchase
purchased (per unit) price
2.51 acres NON -Rip Wetland Mitigation $55,000 $165,0000
TOTAL $ 165,000.00
*Non Rip Wetland Credits are sold in tenth acre increments
PAYMENT:
3.1 Payment: Seller agrees to accept from Purchaser payment in the amount of thirty-
three thousand and 00/100 ($33,000), representing a twenty percent (20%) deposit for a
four (4) month credit reservation starting from the execution of this Agreement.
3.2 Sale and Transfer: Seller's receipt of the remaining purchase price of one hundred
thirty-two thousand and 00/100 ($132,000) shall result in Credits made available for
immediate transfer to Purchaser by Seller. No credits shall be transferred, sold, or otherwise
conveyed by Seller to Purchaser pursuant to this Agreement prior to Seller's receipt of the
Total Purchase Price.
CLOSING ON SALE OF CREDITS:
4.1 Once Agreement has been executed by Seller and Purchaser, Seller shall issue an
invoice for the deposit amount ($33,000). Receipt of deposit amount shall be paid by
Purchase to Seller by check or wire transfer within ten (10) days from date of this
Agreement.
1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492

4.2 Receipt of the remaining purchase price ($132,000) of the Credits shall be paid by
Purchaser to Seller by check or wire transfer within four (4) months from date of this
Agreement or Seller's obligation to sell the Credits to the Purchaser shall automatically
terminate (provided, however, such four month period may be extended by the mutual
written agreement of the Purchaser and Seller and additional deposit paid by Purchaser).
S. DELIVERABLES: Compensatory Mitigation Responsibility Transfer Form provided by
the U.S. Army Corps of Engineers at permit issuance.
6. LIABILITY FOR COMPENSATORY MITIGATION: In consideration for receiving the Payment
from Purchaser, Seller shall assume liability for providing compensatory mitigation under
the terms of this Agreement and in accordance with U.S. Army Corps of Engineers Section 404
permit and NC Department of Environmental Quality - Division of Water Resources Section
401 certification requirements.
7. COMPLETE AGREEMENT: This Agreement constitutes the full and complete agreement by
and between Seller and Purchaser for the sale of compensatory mitigation credits for the
Project.
8. GOVERNING LAW: This Agreement shall be construed, interpreted, and enforced solely
under the laws of the State of North Carolina.
9. NONASSIGNABILITY: This Agreement may not be assigned without the consent, in writing,
of the other Party.
10. AGREEMENT BINDING ON SUCCESSORS: This Agreement shall be binding upon the Parties,
their legal representatives, heirs, successors, and assigns to the full extent of prevailing law.
(By) (By)
Leslie Hartz John Preyer
Atlantic Coast Pipeline, LLC President
Restoration Systems, LLC
Date: Date:
1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492

WETLAND AND STREAM MITIGATION CREDIT PURCHASE AGREEMENT
Lower Cape Fear Umbrella Mitigation Bank
This Agreement made and entered into this the 28th of September , 2017 ("Effective
Date") by and between LCFUMB, LLC ("Sponsor") and
("Purchaser") is an agreement for Sponsor to
convey to Purchaser mitigation credits from Lower Cape Fear Umbrella Mitigation Bank
(hereinafter defined) ("Bank") pursuant to Section 404 of the Clean Water Act, 33 U.S.C. § 1344
and for Purchaser to pay for same. In this Agreement, Sponsor agrees to convey and Purchaser
agrees to purchase and pay the cost of the mitigation credits hereinafter identified ("Credits").
1. Obligations of Sponsor. Sponsor has applied to, and received approval from, the
United States Army Corps of Engineers ("Corps") and the Interagency Review Team ("IRT") to
preserve, restore and enhance stream and wetland ecosystems at the mitigation sites located in
Brunswick County, North Carolina and identified in the Mitigation Banking Instrument hereinafter
defined ("MBI"). Sponsor, at its cost, has or will design, build and maintain stream and wetland
habitat in accordance with the Final Mitigation Plan set forth in the MBI and create Credits as
approved by the Corps and IRT. All risks, financial, regulatory and otherwise associated with the
Bank are the responsibility of the Sponsor. Sponsor has and will comply with all requirements of
the MBI including, but not limited to, financial assurance, monitoring, and maintenance and
reporting required to demonstrate compliance with the MBI and confirming that the stream and
wetland restoration, enhancement, and/or preservation has been completed. The terms "Credits",
"Interagency Review Team", "Mitigation Banking Instrument", "Final Mitigation Plan" and
"Lower Cape Fear Umbrella Mitigation Bank" each are defined in the MBI.
2. Obligations of Purchaser. Purchaser is required under Section 404 of the Clean
Water Act to mitigate stream or wetland impacts for its project described as the Atlantic Coast
Pipeline Project ("Purchaser's Project"). Purchaser will provide copies of the granted Section
404 permit from the Corps and the granted Section 401 Water Quality Certification from North
Carolina Division of Water Resources ("DWR") (if applicable) ("Applicable Permits") for the
Purchaser's Project to Sponsor or its designated agent as identified in Paragraph 14 hereof
("Agent") upon receipt of such Applicable Permits so that the Sponsor can execute the associated
Mitigation Responsibility Transfer Form ("Credit Transfer Form") and obtain information
necessary for the Sponsor's requirements for credit ledger accounting.
3. Conveyance of Credits. Provided Purchaser complies with its obligations as set
forth in this Agreement, Sponsor will convey to Purchaser Credits for wetland mitigation (riparian
and non -riparian) and stream mitigation to apply toward the satisfaction of the mitigation
requirements of Purchaser's Section 404/401 authorizations with respect to Purchaser's Project.
Upon payment in full, Sponsor will supply an executed Credit Transfer Form from Sponsor to
Purchaser, to the Corps, and to DWR. This Credit Transfer Form will transfer mitigation
responsibilities and liability for Purchaser's Project from the Purchaser to the Sponsor to the extent
set forth in the Applicable Permits and in the credit amounts/types paid for under this Agreement.
1
Lower Cape Fear Umbrella Mitigation Bank
Credit Purchase Agreement_ September 28, 2017

4. Credits Purchase Table. The wetland Credits must be purchased in one-tenth
(1/10th) of an acre increments for wetland credits. The cost of the Credits purchased shall be
determined according to the following Credit Purchase Table (Table 1). The payments shall be
made by Purchaser to Sponsor in the amounts set forth in Table 1 below.
5. Purchase Price and Payment. The purchase price to be paid by Purchaser to
Sponsor for the Credits, including the cost and the deposit, shall be in the amount as set forth in
Table 1 below. The payments shall be made by Purchaser to Sponsor on the dates and in the
amounts set forth in Table 1 below. A non-refundable deposit in the amount of $200,000 shall be
made at the time of the execution of this agreement. The deposit will be applied to the total balance
due upon closing.
6. Closing. Purchaser agrees to close the purchase of the Credits and to pay the
purchase price of the Credits to Sponsor within six (6) months from the Effective Date (i.e. closing
required by March 28, 2018). Payment shall be made with certified funds made payable to
"LCFUMB Escrow Account" and transmitted to Land Management Group, Inc. (Agent) at 3805
Wrightsville Avenue, Suite 15, Wilmington, North Carolina, 28403.
Table 1:
Credit Cost Table
Mitigation Category
Mitigation Units Requested
0.10 increment for wetlands(per
Credit Price
unit
Total
Non -Riparian Wetland
10.6
$35,995.00
$381,547.00
Riparian Wetland
1.7
$65,571.00
$111,470.70
Stream
1,284
$351.00
$450,684.00
Total
$943,701.70
Non-refundable deposit
$200,000.00
Balance due within 6 months from Effective Date
$743,701.70
Certified funds should be made payable to "LCFUMB Escrow Account" and transmitted to
Land Management Group, Inc. (Agent).
7. Defaults and Remedies. If the purchase of the credits contemplated hereby is not
consummated because of a default by Sponsor, then Sponsor shall promptly return the
Purchase Price (including deposit) to Purchaser. A default by the Sponsor may occur if the
Sponsor fails to provide evidence to the Buyer that credits were transferred within thirty
(30) days of the receipt of the Purchase Price.
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties
hereto and no modification of this Agreement shall be binding unless in writing and
signed by all parties hereto. The invalidity of one or more provisions of this Agreement
2

shall not affect the validity of any other provisions hereof and this Agreement shall be
construed and enforced as if such invalid provisions were not included.
9. Electronic Signature. This Agreement may be executed by one or both of the parties using
an electronic signature, which the parties agree shall be binding for all purposes and shall
constitute an original signature.
10. Paragraph Headings. The Paragraph headings used in this Agreement are for the
convenience of reference only and shall not be considered terms of this Agreement.
11. Designation of Agent. Sponsor hereby designates as its Agent,
Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
In testimony whereof, the parties have caused this Agreement to be executed in a form so
as to be binding on the Effective Date.
SPONSOR: PURCHASER:
LCFUMB, LLC
RM
Print:
IM
Print:
Date: Date:
3

Mitig tion Services
ENVIRONMENTAL QUALITY
October 6, 2017
Leslie Hartz
Atlantic Coast Pipeline, LLC
707 E. Main St., 191h Floor
Richmond, VA 23219
ROY COOPER
Gorenlor
MICH :EL S. REG N
Project: Atlantic Coast Pipeline Expiration of Acceptance: April 6, 2018
Counties: Northampton, Halifax, Nash, Wilson, Johnston, Sampson, Cumberland, Robeson
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept
payment for compensatory mitigation for impacts associated with the above -referenced project as indicated in the
table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation
program or the acceptance conditions will be approved by the permitting agencies as mitigation for project
impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS
under the conditions stated below will be approved. You must also comply with all other state, federal or local
government regulations or authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permitl401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of
the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made
prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated
based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact
amounts shown below. *DMS is willing to accept payment for the mitigation required under the conditions indicated
below based on credit availability.
State of North Carolina I Environmental Quality I Mitigation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 217 W. Jones Street, Suite 3000
919 707 8976 T
Stream Impact
Wetland Impact Buffer Buffer
River Basin
Locationdigit
(feet)
(acres) Impact (W) Impact (ft2)
8- HUC)
(8-
Warm
Riparian Non -Riparian I Zone 1 Zone 2
Chowan
03010204*
0
6.56 1.49* 0 0
*DMS proposes to use in-kind closed -out surplus credits from Pasquotank 03010205 for the Chowan 04 non -riparian wetland impacts.
Roanoke
03010107 0
1.76 1.15 0
0
03020102 0
9.43 5.07 73,084
54,610
Tar -Pamlico
03020101* 0
10.14* 6.21 71,494
69,590
*DMS proposes to use closed -out surplus riparian credits from Tar -Pamlico 03020102 for the riparian wetland impacts.
03020203 0
6.7 10.53 52,734 58,274
Neuse
03020201* 63
10.01 20.89* 114,544 95,141
In accordance with the directive from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountains and piedmont
areas of North Carolina can be accepted as requested, but mitigated utilizing riparian wetland mitigation credits and invoiced using the
riparian wetland fee schedule.
Cape Fear 03030004 1 61
1.11 0 j 0 0
03030006* 0 L 9.51 • 16.63 0 0
*DMS proposes to use closed -out surplus riparian credits from Cape Fear 03030005 for the Cape Fear 03030006 riparian impacts.
Lumber 03040203 0 1
10.37 1 13.32 1 0 1 0
State of North Carolina I Environmental Quality I Mitigation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 217 W. Jones Street, Suite 3000
919 707 8976 T

Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation assigned to DMS.
The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 0213 .0295 as applicable.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly Williams at [phone].
Sincerely,
am s. B Stanfill
s t Management Supervisor
cc: Stephanie Collins, agent