20140957 Ver 2_401_IC_NRB_TAR 2_20180119

i r-0,
Water Resources
Environmental Quality
Atlantic Coast Pipeline, LLC
Attn: Ms. Leslie Hartz
707 E. Main Street, 19th Floor
Richmond, VA 23219
January XX, 2018
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
DRAFT
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 1508 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 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.
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

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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 Raleigh Regional Office
DWR Fayetteville Regional Office
DWR 401 & Buffer Permitting Branch file
Filename: 140957v2AtlanticCoastPipeline(Multi)_401_IC_NRB_TAR.docx

Atlantic Coast Pipeline, LLC
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Individual Certification #XXXX
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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, 2017, October 2 and 13, 2017, November 4,
15 and 29, 2017, December 8 and 20, 2017 and January 17 and 18, 2018; 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)
453.45 (acres)
Perennial Stream
160 (linear feet)
15,081 (linear feet)
Non -perennial Stream606
(linear feet)
21,007 (linear feet)
Open Waters
0 (acres)
0.44 (acres)
Tar -Pamlico Buffer Sub -basin 03020102
Buffer Zone 1
126,081 (square feet)
0 (square feet)
Buffer Zone 2
83,478 (square feet)
0 (square feet)
Tar -Pamlico Buffer Sub -basin 03020101
Buffer Zone 1
231,704 (square feet)
0 (square feet)
Buffer Zone 2
152,811 (square feet)
0 (square feet)
Neuse Buffer Sub -basin
03020203
Buffer Zone 1
145,039 (square feet)
0 (square feet)
Buffer Zone 2
101,403 (square feet)
0 (square feet)
Neuse Buffer Sub -basin
03020201
Buffer Zone 1
152,785 (square feet)
0 (square feet)

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Buffer Zone 2 122,204 (square feet) 0 (square feet)
2. 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. Any stream or wetland impacts proposed that are not included in this Certification shall
require a modification of the Certification. If total project permanent impacts to perennial
streams exceed 300 linear feet, or permanent impacts to wetlands exceed one acre,
mitigation at a 1:1 ratio will be required. [15A NCAC 02H .0506 (b)(6)]
4. ACP shall seek necessary authorizations from applicable state and federal agencies (e.g.
NCDEQ, NCWRC, USACE, USFWS, NCDHR, etc.) and request a variance from FERC to change
the crossing of three streams (swio010, swio011, swio012) shown on Figure A-4, page 51, by
shifting the alignment east within the study corridor to avoid two of the stream crossings.
[15A NCAC 02H .0506(b)(1) and (b)(2)]
5. 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 .05021
6. 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]
7. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (e.g. 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)]
Compensatory
Mitigation
Amount Required
River &
Sub -basin Number
301,168 (square feet)
Tar -Pamlico 03020102
318,868 (square feet)
Tar -Pamlico 03020101
Buffers
245,612 (square feet)
Neuse 03020203
486,344 (square feet)
Neuse 03020201
3. Any stream or wetland impacts proposed that are not included in this Certification shall
require a modification of the Certification. If total project permanent impacts to perennial
streams exceed 300 linear feet, or permanent impacts to wetlands exceed one acre,
mitigation at a 1:1 ratio will be required. [15A NCAC 02H .0506 (b)(6)]
4. ACP shall seek necessary authorizations from applicable state and federal agencies (e.g.
NCDEQ, NCWRC, USACE, USFWS, NCDHR, etc.) and request a variance from FERC to change
the crossing of three streams (swio010, swio011, swio012) shown on Figure A-4, page 51, by
shifting the alignment east within the study corridor to avoid two of the stream crossings.
[15A NCAC 02H .0506(b)(1) and (b)(2)]
5. 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 .05021
6. 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]
7. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (e.g. 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)]

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8. 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)]
9. 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)]
10. Mixing of topsoil and subsoils within wetlands shall be minimized to the greatest extent
practical. During excavation, the soils should shall be placed on fabric to minimize impacts
whenever possible. Topsoil excavated from trenches should be piled fid -separately
from soils and backfilled into the trench only after the subsoils have been placed and
compacted. [15A NCAC 02H .0506(c)(2)]
11. Wetland Monitorin
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.
Three years after construction is completed, ACP shall 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-

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Information -Form. Wetland restoration monitoring may be extended by the Division if the
restoration sites have not adequately recovered.
Any temporary impacts to wetlands that do not meet the current federal definition for a
wetland, as defined bythe 1987 U.S. Army Corps of Engineers Wetland Manual and confirmed
by a Corps representative, at the end of monitoring shall be considered permanent impacts
and shall require a modification of the Certification. If total project permanent impacts to
wetlands exceed one acre, mitigation at a 1:1 ratio will be required. [15A NCAC 02H .0506
(c)(2) and 15A NCAC 02H .0507 (c)]
12. 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;
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.
Three years after construction is completed, ACP shall 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 by the Division if the restoration sites
have not adequately recovered.
Any temporary impacts to streams that require permanent impacts for stabilization (e.g. rip
rap) shall be considered permanent impacts and shall require a modification of the
Certification. If total project permanent impacts to perennial streams exceed 300 linear feet,
mitigation at a 1:1 ratio will be required. 115A NCAC 02H .0506 (b)(2) and 15A NCAC 02H
.0507 (c)]
13. 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

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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 the
Division using the following link: https://edocs.deg.nc.gov/Forms/Supplemental-
Information-Form. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B.0125]
14. All fish and mussel relocations shall comply with the following protocols approved by WRC:
"North Carolina Revised Fish and Other Taxa Collection and Relocation Protocol for Instream
Construction Activities" (September 22, 2017) and "2017 Study Plan: Revised Freshwater
Mussel (Unionidae) Relocations for the Proposed Atlantic Coast Pipeline in North Carolina"
(September 22, 2017). Any deviation from these protocols require written approval from
WRC. [15A NCAC 02H .0506(b)(2)]
15. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NCSediment 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 not necessary
(e.g., no flow, dry conditions that are anticipated to remain dry throughout completion of
pipeline installation and site restoration). To obtain an exemption, ACP must submit the
request to Division staff in the appropriate regional office at least 14 calendar days prior to
the anticipated start of construction on the crossing and shall not proceed until written
approval from the Division is received. [15A NCAC 02H .0506(b)(3) and (c)(3)]
16. Open Cut
Where conditions at the time of the stream crossing are not feasible to be conducted so
that the flowing stream does not come into contact with the disturbed area (e.g. inundated
wetland conditions) and ACP has received an exemption from the Division pursuant to
Condition #13 above, ACP shall comply with the following [15A NCAC 02H .0506 (b)(2)]:
a. Turbidity curtains shall be installed as shown on the plans provided to the Division
on September 29, 2017; and
b. Water Quality Sampling shall be conducted:
Sampling shall be located 50 feet above (upstream) and 50 feet below
(downstream) the crossing;
Sampling shall be conducted for turbidity. Sampling shall also be conducted
for total dissolved solids for crossings within a Water Supply Watershed area;
iii. Monitoring at both the upstream and downstream locations shall occur at
least two (2) times per day when active construction is occurring. The first

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sampling shall occur thirty (30) minutes prior to the start of instream
construction. The second sampling shall occur two (2) to six (6) hours after
the start of instream construction;
iv. If monitoring during active construction shows any exceedances of the
turbidity and/or total dissolved solids standard, work shall stop until the
source is identified and remediated. Measures and BMPs shall be re-
evaluated before moving forward to ensure future exceedances do not
occur;
V. Monitoring at both the upstream and downstream locations shall occur at
least one (1) time per day for four (4) consecutive days once the crossing
(including restoration) is complete. If any of the post -construction sampling
show exceedances of the turbidity and/or total dissolved solids standard, the
source shall be identified and remediated. Daily sampling shall continue until
samples are below the turbidity and total dissolved solids standards.
vi. Records of all samples shall be retained by ACP for one year. Records shall
be made available to the Division upon request.
17. Culverts
Culverts shall be designed and installed in such a manner that the original stream profiles are
not 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.
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 the Division Regional Office (Raleigh or
Fayetteville) shall be notified by phone or email within 24 hours of discovery.
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

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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. [15A NCAC 02H .0506(b)(2) and (c)(2)]
18. Rip -Rap
Any rip -rap 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 rip -rap shall be placed such that the original stream elevation and
streambank contours are restored and maintained. Placement of rip -rap or other approved
materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area or in a manner that precludes aquatic life passage.
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. [15A NCAC 02H .0506(b)(2)]
19. No hardened stabilization (e.g. rip -rap, geogrid, etc.) techniques shall 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)]
20. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
21. 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]
22. If concrete is used during construction, then all necessary measures shall be taken 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 0213 .0200]
23. All mechanized equipment operated near surface waters or wetlands shall be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,

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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. Fuel shall not be stored within
100 feet of a waterbody or wetland.
In accordance with 143-215.85(b), 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/or any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours shall be reported to the Division.
Contact the Raleigh Regional Office at 919-791-4200 between the hours of 8 am to 5 pm or
Fayetteville Regional Office at 910-433-3300, depending on the region in which the spill
occurs, or 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]
24. Horizontal Directional Drilling
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 no less than 30 calendar days prior to
commencement of the particular crossing using the following link:
https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form.
If an inadvertent return enters a surface water, wetland or protected riparian buffer, ACP will
notify the Raleigh or Fayetteville Regional Office, as appropriate, within 24 hours of detection
(see phone numbers above). [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200
(3)(f), and GS 143 Article 21A]
25. Well Testing
Private wells identified within 150 feet of the limit of disturbance or within 500 feet from
blasting areas shall be sampled and tested prior to construction 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,

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mercury, selenium, cyanide, calcium magnesium, hardness, chlorides, antimony, cadmium,
and beryllium, along 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. [15A NCAC 02H .0507(b)(3) and (c)(3)]
26. Stormwater Management and Diffuse Flow Plans
ACP shall not increase the capacity of existing access road ditches or change the
characteristics of these ditches within state protected riparian buffers other than measures
required to minimize the sediment, nutrients and other pollution that convey to waterbodies.
For sites within a state -approved local government stormwater program (e.g. Phase II, Water
Supply, 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).
For sites within Nash and Cumberland County that require a stormwater management plan
from the Division of Energy, Mineral and Land Resources (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) and 15A NCAC 02B.0259(5)]
27. 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 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. [15A NCAC 02H .0501 and .0502]
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 .05021

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Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. [15A NCAC 02B .0201]
28. ACP indicated their intent to seek coverage of and meet the requirements of North
Carolina's NPDES Construction Stormwater Permit (NCG010000) Section 11.13 for the entire
construction corridor in North Carolina during the application process. Full compliance with
NCG010000 Permit Section 11.13 conditions is required. [15A NCAC 02H .0506(b)(3) and
(c)(3)]
29. ACP shall schedule and organize a pre -construction meeting with the construction
contractors, ACP staff, and Division and 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 .0502(e) and
.0507(c)]
30. ACP shall schedule and organize monthly ride -through inspections with appropriate Division
and DEMLR staff to assess compliance with the respective certification and permits. [15A
NCAC 02H .0502(e) and .0507(c)]
31. 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.
32. 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 Division website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A
NCAC 02H .0502(f)]
33. 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

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 13 of 14
notification to the Division and may require an application submittal to the Division with the
appropriate fee. [15A NCAC 02H .0501 and .0502]
34. ACP shall require its contractors and/or agents to comply with the terms and conditions of
this Certification in the construction and maintenance of this project. ACP shall also provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this Certification. A copy of this Certification shall be available at the
project site during the construction and maintenance of this project. [15A NCAC 02H .0507(c)
and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
35. If the property or project is sold or transferred, the new Permittee shall be given a copy of
this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0501
and .0502]
36. 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. [15A NCAC 02H
.0507(c)]
37. 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. [15A NCAC 02H .0507(c)]
38. This certification grants permission to the director, an authorized representative of the
Director, or Division staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
39. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this Certification for the project and/or may result in criminal and/or
civil penalties. [15A NCAC 02H .0507(d) and G.S. 143-215.6A and 143-215.6B]

Atlantic Coast Pipeline, LLC
DWR# 14-0957 v2
Individual Certification #XXXX
Page 14 of 14
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 .05061
This the xxx day of January 2018
Linda Culpepper, Interim Director
Division of Water Resources
LC/kah/jab
MWO