20140957 Ver 2_DraftsGivenToLinda01-22-18_140957v2AtlanticCoastPipeline(Multi)_401_IC_NRB_TAR_Denial_20180122

WaterResources
ENVWONMIENTAL QUALITY
CERTIFIED MAIL: xxxx xxxx xxxx xxxx xxxx
RETURN RECEIPT REQUESTED
Atlantic Coast Pipeline, LLC
Attn: Ms. Leslie Hartz
707 E. Main Street, 191h Floor
Richmond, VA 23219
January XX, 2018
ROY COOPER
MICHAEL S. REGAN
DWR # 14-0957 v2
Northampton, Halifax, Nash,
Wilson, Johnston, Sampson,
Cumberland and Robeson Counties
DRAFT
Subject: DENIAL OF 401 WATER QUALITY CERTIFICATION AND TAR-PAMLICO/NEUSE RIPARIAN
BUFFER AUTHORIZATION CERTIFICATES
Atlantic Coast Pipeline
USACE Action ID. No. SAW -2014-01558
Dear Ms. Hartz:
On May 9, 2017, the Division of Water Resources (Division) received your application requesting a 401
Water Quality Certification and Tar -Pamlico and Neuse Riparian Buffer Authorization Certificates from
the Division for the subject project. Pursuant to 15A NCAC 02H .0506, a certification shall be issued
when the Director determines that water quality standards are met. Pursuant to 15A NCAC 02B .0233
(8) and .0259 (8), a Buffer Authorization Certificate shall be granted when the Division determines there
is no practical alternative. The project has not met the following requirements:
Rule Citation
"Rule text..."
Explanation...
In accordance with 15A NCAC 02H.0507(e), 15A NCAC 02B.0233(8), and 15A NCAC 02B.0259(8), your
application for a 401 Water Quality Certification and Buffer Authorization Certificates are hereby
denied.
This decision can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
State ofNorth Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 8076300

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Denial
Page 2 of 2
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1)
copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served t
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This completes the review of the Division under section
.0500 and the Neuse and Tar -Pamlico Riparian Buffer Pi
no authorization under Section 401 of the Clean Water
Protection Rules for this activity and any work done wit
ive C
101 of the Clean Water Act and 15A NCAC 02H
itection Rules. Please be aware that you have
ct or the Neuse/Tar-Pamlico Riparian Buffer
in waters of the state may be a violation of
!. Contact Karen Higgins at 919-807-6360 or
any questions or concerns.
Sincerely,
Linda Culpepper, Interim Director
Division of Water Resources
cc: Richard Gangle, Dominion Resources Services, Inc. (via [e-mail])
Spencer Trichell, Dominion Resources Services, Inc. (via [e-mail])
USACE Raleigh Regulatory Field Office
USACE Wilmington Regulatory Field Office
Todd Bowers, EPA (via [e-mail])
DWR 401 & Buffer Permitting Branch file
Filenarne: 140957v2AtlanticCoastPipeline(Multi)-401—IC—NRB—TAR—DENIAL.docx