20140957 Ver 2_401_IC_NRB_TAR_backup_20180105

Water Resources w
Environmental Quality
January XX, 2018
Atlantic Coast Pipeline, LLC
Attn: Ms. Leslie Hartz
707 E. Main Street, 19th Floor
Richmond, VA 23219
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 14-0957 v2
Northampton, Halifax, Nash,
Wilson, Johnston, Sampson,
Cumberland and Robeson Counties
Subject: Approval of Individual 401 Water Quality Certification and Tar-Pamlico/Neuse Riparian
Buffer Impacts with Additional Conditions
Atlantic Coast Pipeline
USACE Action ID. No. SAW -2014-01558
Dear Ms. Hartz:
Attached hereto is a copy of Certification No. xxxx issued to Ms. Leslie Hartz and Atlantic Coast
Pipeline, LLC, dated January XX, 2018. Please note that you should get any other federal, state or
local permits before proceeding with the subject project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification 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.
A petition form may be obtained from the OAH at htto://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.
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 2 of 11
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 to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500 and under the Neuse and Tar -Pamlico Riparian Buffer Protection Rules (15A NCAC 02B
.0233 and .0259). Contact Karen Higgins at 919-807-6360 or [e-mail] if you have any
questions or concerns.
Sincerely,
Linda Culpepper, Interim Director
Division of Water Resources
Attachment: Appendix C-1: Wetland and Waterbody Crossings for the Atlantic Coast Pipeline within
the US Army Corps of Engineers — Wilmington District (Revised 11/3/2017)
Table 5: North Carolina Riparian Buffer Impacts within the Tar -Pamlico and Neuse
Watersheds
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
Filename: 140957v2Atla nticCoastP i peline(M u Iti)_401_IC_N RB_TAR.docx

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 3 of 11
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #XXXX is issued in conformity with the requirements of Section 401, Public Laws 92-500
and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and
15A NCAC 02B .0200, to Ms. Leslie Hartz and Atlantic Coast Pipeline, LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on May 9, 2017; subsequent information received by the Division on July 12, 2017,
September 22 and 29, 2017, October 2 and 13, 2017, November 4 and 15, 2017, and December 8 and 20,
2017; and by Public Notice issued by the Division on June 16, 17 and 18, 2017 and correction issued on
June 19, 20, 21 and 22, 2017.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the Certification
are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b) &
(c), 15A NCAC 02B.0233(8) and 15A NCAC 02B.0259(8)]
Type of
Impacts
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
404 Wetlands
0.80 (acres)
453.49 (acres)
Perennial Stream
160 (linear feet)}
15,068 (linear feet)
Non -perennial Stream
606 (linear feet)
20,770 (linear feet)
Open Waters
## (acres)
## (acres)
Tar -Pamlico Buffer Sub -basin 03020102
Buffer Zone 1
130,594 (square feet)
0 (square feet)
Buffer Zone 2
87,029 (square feet)
0 (square feet)
Tar -Pamlico Buffer Sub -basin 03020101
Buffer Zone 1
227,188 (square feet)
0 (square feet)
Buffer Zone 2
149,259 (square feet)
0 (square feet)
Neuse Buffer Sub -basin 03020203
Buffer Zone 1
139,975 (square feet)
0 (square feet)
Buffer Zone 2
97,327 (square feet)
0 (square feet)
Neuse Buffer Sub -basin 03020201
Buffer Zone 1
151,081 (square feet)
0 (square feet)
Buffer Zone 2
121,757 (square feet)
0 (square feet)
Commented [HKl]: are these superscripts tied to
something? I didn't see anything below the table.
Commented [BJa2R1]: Leftover from a copy and paste,
thanks

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 4 of 11
Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this
mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)1:
3. Should any stream or wetland impacts be proposed that are not included in this Certification, a
modification of the Certification will be required. If total project permanent impacts to perennial
streams exceed 300 linear feet, or permanent impacts to wetland exceed one acre, mitigation at a
1:1 ratio will be required.
4. ACP shall schedule and organize a pre -construction meeting with the construction contractors, ACP
staff, and Division and Division of Energy, Mineral and Land Resources (DEMLR) staff to review the
conditions and requirements of the respective certifications and permits for clarity and
understanding before any impacts authorized in this Certification occur. [15A NCAC 02H .0507(c)l
Dlylsmen of C....my, ""mneFa' and and o„,,.., ee5 4DEMLR1 staff to ^^assess compliance with the
respective certification and permits. [15A NCAC 02H .0502(e)]
Formatted: Font: Italic
Formatted: List Paragraph, Indent: Left: 0.25", No
bullets or numbering, Widow/Orphan control, Don't
keep lines together
Formatted: Highlight
4.6. Stormwater Management and Diffuse Flow Plans Formatted: List Paragraph, Indent: Left: 0.25", No
ACP shall not increase the capacity of existing access road ditches or change the characteristics of bullets or numbering, Widow/Orphan control, Don't
these ditches within state protected riparian buffers other than measures required to minimize the keep lines together
sediment, nutrients and other pollution that convey to waterbodies. [15A NCAC 02B .0233(5) &15A
NCAC 02B.0259(5)]
Compensatory Mitigation
Required
Tar -Pamlico Buffer Sub -basin 03020102
Zone 1212,739 (square feet)
Zone 2 1 76,780.5 (square feet)
Tar -Pamlico Buffer Sub -basin 03020101
Zone 1 205,857 (square feet)
Zone 2 98,353.5 (square feet)
Neuse Buffer Sub -basin 03020203
Zone 1
158,100 (square feet)
Zone 2
86,043 (square feet)
Neuse Buffer Sub -basin 03020201
Zone 1
281,598 (square feet)
Zone 2
116,268 (square feet)
3. Should any stream or wetland impacts be proposed that are not included in this Certification, a
modification of the Certification will be required. If total project permanent impacts to perennial
streams exceed 300 linear feet, or permanent impacts to wetland exceed one acre, mitigation at a
1:1 ratio will be required.
4. ACP shall schedule and organize a pre -construction meeting with the construction contractors, ACP
staff, and Division and Division of Energy, Mineral and Land Resources (DEMLR) staff to review the
conditions and requirements of the respective certifications and permits for clarity and
understanding before any impacts authorized in this Certification occur. [15A NCAC 02H .0507(c)l
Dlylsmen of C....my, ""mneFa' and and o„,,.., ee5 4DEMLR1 staff to ^^assess compliance with the
respective certification and permits. [15A NCAC 02H .0502(e)]
Formatted: Font: Italic
Formatted: List Paragraph, Indent: Left: 0.25", No
bullets or numbering, Widow/Orphan control, Don't
keep lines together
Formatted: Highlight
4.6. Stormwater Management and Diffuse Flow Plans Formatted: List Paragraph, Indent: Left: 0.25", No
ACP shall not increase the capacity of existing access road ditches or change the characteristics of bullets or numbering, Widow/Orphan control, Don't
these ditches within state protected riparian buffers other than measures required to minimize the keep lines together
sediment, nutrients and other pollution that convey to waterbodies. [15A NCAC 02B .0233(5) &15A
NCAC 02B.0259(5)]

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 5 of 11
for sites within a state -approved local government stormwater program (e.g. Phase II, Water Supply, Formatted: Highlight
NSW, USMP) that require a stormwater management plan, you must obtain approval from the
appropriate local government(s) before work commences on these sites. Once approved, the
stormwater management plan(s) may not be modified without written authorization from the
appropriate local government(s). [15A NCAC 02B .0233(5) &15A NCAC 02B .0259(5)]
For sites within Nash and Cumberland County that require a stormwater management plan from the
-DiViAiRR Af E-..,..•.., MiReF^' and ' and ReseUFees (DEMLR�, you must obtain approval from DEMLR
before work commences on these sites. Once approved, the stormwater management plan(s) may
not be modified without written authorization from DEMLR. [15A NCAC 02B .0233(5) &15A NCAC 02B
.0259(5)]
-5-.7. Wetland Monitoring
Upon restoration of temporary impacts to wetlands, all restored areas shall be monitored quarterly
for at least three years with photo documentation. Wetland restoration shall be considered
successful if all of the following criteria are satisfied:
a. the affected wetland satisfies the current federal definition for a wetland (i.e., soils,
hydrology, and vegetation);
b. vegetation is at least 80 percent of either the cover documented for the wetland prior to
construction, or at least 80 percent of the cover in adjacent wetland areas that were not
disturbed by construction;
c. if natural rather than active revegetation was used, the plant species composition is
consistent with early successional wetland plant communities in the affected ecoregion; and
d. invasive species and noxious weeds are absent, unless they are abundant in adjacent areas
that were not disturbed by construction.
Within three years after construction, ACP will submit a report to the Division identifying the status
of the wetland revegetation efforts and documenting success as defined above using the following
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form. Wetland restoration
monitoring may be extended up to aRetheF 3 yeaFsbV the Division if the restoration sites have not
adequately recovered. [15A NCAC 02H .0506 (b)(2 and (c)(2) and 15A NCAC 02H .0507 (c)]
6-8. Stream and Riparian Area/Buffer Monitoring
Upon restoration of temporary impacts to stream and riparian area/buffers, all restored areas shall
be monitored quarterly for at least three years with photo documentation. Stream and riparian
area/buffer restoration shall be considered successful if all of the following criteria are satisfied:
a. the stream channel is stable and active erosion is not observed;
b. riparian vegetation is at least 80 percent of either the cover documented for the wetland prior
to construction, or at least 80 percent of the cover in adjacent riparian areas that were not
disturbed by construction;

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 6 of 11
c. if natural rather than active revegetation was used, the plant species composition is
consistent with early successional riparian plant communities in the affected ecoregion; and
d. invasive species and noxious weeds are absent, unless they are abundant in adjacent areas
that were not disturbed by construction.
Within three years after construction, ACP will submit a report to the Division identifying the status
of the riparian revegetation efforts and documenting success as defined above using the following
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form. Stream and buffer
monitoring may be extended up to anetheF 3 yeaFSbv the Division if the restoration sites have not
adequately recovered. [15A NCAC 02H .0506 ("")" and (c)(2) and 15A NCAC 02H .0507 (c)]
9—All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National
Marine Fisheries Service (NMFS) shall be implemented as indicated in Appendix C-1: Wetland and
Waterbody Crossings for the Atlantic Coast Pipeline within the US Army Corps of Engineers —
Wilmington District (Revised 11/3/2017). Exceptions to this condition require written approval by the
resource agency responsible for the given moratorium. A copy of the approval from the resource
agency shall be forwarded to DWR. [15A NCAC 02H .0506(b)(2) and 15A NCAC 046 .0125] Formatted: Font: (Default) +Body (Calibri), 11 pt
X10. WRC relocations...
8-.11. All wetlands, streams, surface waters,
and riparian buffers located within 50 feet of the construction area on the project site shall be clearly
marked (exawpe-e.&. orange fabric fencing) prior to any land disturbing activities and must be
maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and
(c)(2) and 15A NCAC 02H .0507 (c)]
12. All mechanized equipment operated near surface waters or wetlands w&shall be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic
fluids or other potential toxic chemicals. Construction shall be staged in order to minimize the
exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication
and general equipment maintenance shall not take place within 100 feet of a waterbody or wetlands
to prevent contamination by fuels and oils except as follows: in situations where equipment must
continue to operate during fueling activities such as dewatering pumps near surface waters,
secondary containment structures will be used to prevent any spillage from reaching the surface
waters.
9-. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately Formatted: Indent: Left: 0.25', No bullets or
contact the Division ^' Water Resm,r ^ between the hours of 8 am to 5 pm at the Raleigh Regional numbering
Office at 919-791-4200 or Fayetteville Regional Office at 910-433-3300, depending on the region in
which the spill occurs, and after hours and on weekends call [phone]. Management of such
spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article
21A]
449-.13. Horizontal Directional Drilling

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 7 of 11
Documentation of the composition and properties of drilling fluids and additives, including
manufacturer's literature and Material Safety Data Sheets for each horizontal directional drilling
crossing must be submitted to the Division for written approval 30 days prior to commencement of
the particular crossing.
If an inadvertent return enters a surface water, wetland or protected riparian buffer, ACP will notify
the Raleigh or Fayetteville Regional Office, as appropriate, immediately, but no more than 24 hours
of detection (see phone numbers above).
314. Private wells identified within 150 feet of the limit of disturbance aador within 500 feet from
blasting areas shall be sampled and tested prior to construction fe--to establish a baseline of
groundwater quality and quantity against which to measure any construction -related impacts.
Testing shall include the following parameters: pH, total suspended solids, total dissolved solids,
conductivity, alkalinity, acidity, sulfates, oil/grease, phenolic, iron, manganese, aluminum, fecal
coliform, copper, lead, nickel, silver, thallium, zinc, chromium, arsenic, mercury, selenium, cyanide,
calcium magnesium, hardness, chlorides, antimony, cadmium, and beryllium•m well asalong with well
yields. An independent, qualified groundwater specialist shall complete post -construction sampling
and testing to determine whether an impact has occurred within 6 months of project construction
completion. Should post -construction testing indicate that a well has been impacted by the
construction, ACP shall provide temporary water supplies, and/or a new water treatment system or
well.
1-2-.15. This approval is for the purpose and design described in your application and as described in the
Public Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. Any modifications to the project require notification to DWR
and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501
and .0502]
1-3,16. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
1417. No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as
an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B.0200]
418. Sediment and Erosion Control
All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973). Specifically, the portion of the project
within Cumberland, Robeson, and Sampson Counties must be in full compliance with the Certificate
of Plan Approval No. Cumbe-2018-036, issued by Division of EneF,.., MineFal and Land Re -s ,,,.,.,..-
{DEMLR�, Fayetteville Regional Office. Prior to commencement of construction of the project within
Northampton, Halifax, Nash, Wilson and Johnston Counties, a sedimentation and erosion control
Certificate of Plan Approval issued by DEMLR, Raleigh Regional Office must be obtained and
submitted to the Division using the following link: https://edocs.deg.nc.gov/Forms/Supplemental-
Information-Form.

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 8 of 11
Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .02011
.3. ---,ACP has voluntarily agreed to meet the requirements of North Carolina's NPDES Construction
Stormwater Permit (NCG010000) for the entire construction corridor in North Carolina. Full
compliance with NCG010000 Permit conditions including the erosion & sedimentation control plan,
inspections and maintenance, self-monitoring, record keeping and reporting requirements is
required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
Formatted: Highlight
Formatted: Highlight
1-7-.20. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
Formatted: Widow/Orphan control, Don't keep lines
contact with the disturbed area. Approved best management practices from the most current version
together
of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance
Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be
used to minimize excavation in flowing water. ACP may request site-specific exemptions of this
condition where Conditions at the time of the crossing are not feasible (e.g., inundated wetland
conditions) or conditions are Inot necessary (e.g., no flow, dry conditions that are anticipated to
;--
Commented [B1a3]: we agreed that verified inundated
remain dry throughout completion of pipeline installation and site restoration). To obtain an
wetlands could be constructed in wet conditions. we need
exemption, ACP must submit the request to Division staff in the appropriate regional office at least 14
to add a condition about the requirement to use turbidity
days prior to the anticipated start of construction on the crossing and shall not proceed until written
curtains and perform water quality sampling anytime wet
approval from the Division is received. [15A NCAC 02H .0506(b)(3) and (c)(3)]
construction is used.
21. Turbidity curtains and water quality sampling
Formatted: Indent: Left: 0.25", No bullets or
322. Culverts shall be designed and installed in such a manner that the original stream profiles are not numbering
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of
the stream above and below a pipe or culvert shall not be modified by widening the stream channel or
by reducing the depth of the stream in connection with the construction activity. The width, height,
and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring
flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)].
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter
for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and
aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel shall be avoided.
If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24
hours of discovery.

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 9 of 11
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA -designated floodways or wetlands, openings such as culverts
or bridges shall be provided to maintain the natural hydrology of the system as well as prevent
constriction of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of rip -rap or other bank hardening methods.
4:9-23. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State
and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk
of contact between the fertilizer and surface waters. [15A NCAC 02B.0200 and 15A NCAC 0213.0231]
24.24. If concrete is used during construction, then all necessary measures shall betaken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .02001
24-25. No temporary impacts are allowed beyond those included in this Certification. All temporary fill
and culverts shall be removed and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
226. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed
as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning
and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
23-27. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
24.28. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and approved as a permanent impact area by this
Certification. No hardened stabilization (rip -rap, geogrid, etc.) techniques will be placed below the
ordinary high water mark for bank stabilization purposes. If monitoring of completed stream crossings
indicates hardened stabilization is necessary, a modification of this Certification will be required to
authorize additional impacts. [15A NCAC 02H .0506(b)(2)]

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 10 of 11
229. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
used to pFeyent any spillage fFGFfl Feaelhing the suFfa-e wateFS. [15A KAG 02H .0506(b)(3) and (e)(3)
and 1-5.4 ISIGAG 9213.0211 (12)]l
Commented [HK4]: see condition 10 above.
230. Heavy equipment working in wetlands shall be placed on mats or other measures shall betaken
to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
2&31. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.) — Commented [HK5]: move near other spill condition
2-9-32. Ms. Leslie Hartz and Atlantic Coast Pipeline, LLC shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and
Federal law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify
Ms. Leslie Hartz and Atlantic Coast Pipeline, LLC and the U.S. Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Ms. Leslie
Hartz and Atlantic Coast Pipeline, LLC in writing, shall be provided to the U.S. Army Corps of Engineers
for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project.
30-.33. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DW R Division website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
X34. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 11 of 11
3-2-.35. This Certification neither grants nor affirms any property right, license, or privilege in any waters,
or any right of use in any waters. This Certification does not authorize any person to interfere with
the riparian rights, littoral rights, or water use rights of any other person and this Certification does
not create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
33-.36. This certification grants permission to the director, an authorized representative of the Director,
or PrNR Division staff, upon the presentation of proper credentials, to enter the property during
normal business hours. [15A NCAC 02H .0502(e)]
34.37. Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this �Lr^' Certification for the project and may also result in criminal and/or civil
penalties.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the xxx day of January 2018
Linda Culpepper, Interim Director
Division of Water Resources
u�can/jao 1 Formatted: Font: Italic
- Formatted: Font: Italic