20140957 Ver 1_USACE Incomplete App_20151015

Burdette, Jennifer a
From: Brown, Craig J SAW <Craig.J.Brown @usace.army.mil>
Sent: Thursday, October 15, 2015 2:17 PM
To: leslie.hartz @dom.com; william.a.scarpinato @dom.com
Cc: Bowers, Todd; kevin.bowman @ferc.gov; Burdette, Jennifer a; Cox, David R.; Ellis, John;
Gibson, Steven W NAO; Gledhill - earley, Renee; fritz.rhode @noaa.gov
Subject: Atlantic Coast Pipeline - Incomplete Application letter - North Carolina
(UNCLASSIFIED)
Attachments: Incomplete Application letter.pdf
Classification: UNCLASSIFIED
Caveats: NONE
Attached, please find an Incomplete Application letter in response to the Pre - Construction Notification (application for
Nationwide Permit #12 - Utility Line Activities) received at the Raleigh Regulatory Field Office on September 16, 2015 for
the Atlantic Coast Pipeline Project. This letter covers the North Carolina portion of the proposed Atlantic Coast Pipeline.
Please forward this email and the attached Incomplete Application letter to any pertinent contacts /agencies that I may
have overlooked.
If you have any questions, please contact me either by email or phone.
Craig
Craig J. Brown
USACE Raleigh Regulatory Field Office
3331 Heritage Trade Drive
Wake Forest, NC 27587
(919) 554 -4884 x35
Email: Craig.J.Brown @usace.army.mil
Classification: UNCLASSIFIED
Caveats: NONE
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2014 -01558 County: Eight NC Counties U.S.G.S. Quad: Multiple
INCOMPLETE APPLICATION
Applicant: Leslie Hartz Agent: Dominion Resources Services. Inc.
Address: 707 E. Main Street, 19th Floor William Scarpinato, Jr.
Richmond, VA, 23219 Address: 5000 Dominion Blvd.
Glen Allen, VA, 23060
Location/Description of Proposed Activity: Proposed is a 564 mile -long natural gas pipeline through the states of
Pennsvlvania, West Virginia, Virginia and North Carolina, The North Carolina portion of the pipeline is.
approxinnately 200 -miles running through 8 North Carolina counties with a terminus in Pembroke, Robeson County.
The proposed project would involve temporary impacts during construction of the pipeline. permanent impacts from
the conversion of wetlands for the maintenance of the pipeline corridor once completed and possibly temporary and
permanent impacts from the construction of roads and other structures during the construction and to service the
pipeline once completed.
Type of Permit Applied For (check one): IP ❑ NWP ® GP ❑
Applicable law: Section 404 of the Clean Water Act®; Section 10, Rivers and Harbor Act
YOUR APPLICATION IS INCOMPLETE AND CANNOT BE PROCESSED UNTIL THE FOLLOWING
INFORMATION IS RECEIVED (CHECK ALL THAT APPLY):
❑ Your application form has not been completed and /or signed (see remarks)
® Under the conditions of the Nationwide Permit, mitigation is required for your project. The mitigation
proposal submitted with your application is insufficient. (see remarks.)
❑ Your application did not include a statement explaining how avoidance and minimization for losses of
waters of the U.S. were achieved on the project site. (see remarks)
❑ Your submitted project plans or maps were insufficient, too large, or not legible (see remarks).
❑ Your application did not include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows, and riffle and pool complexes as required.
❑ You must submit a copy of your application to the NC Wildlife Resources Commission (WRC) since your
proposed work is in a designated trout water county (see remarks section below for the address of your WRC
representative)
® Other (see remarks below).
REMARKS:
B. Jurisdictional Determinations,
B.Ib. Site coordinates in decimal decrees — Please provide begimling and ending latitude and
longitude for the main line and the lateral located in NC.
13.4b. If the Corps made the jurisdictional determination. what type of determination was.
made?
While the USACE has verified a majority of the pipeline route, there are still sections of the
pipeline route that have not been delineated or the delineation has not been verified. In addition,
it is our understanding that there may still be some re- routing of sections of the pipeline. USACE
Page 1 of 2

needs to verify the delineation for the entire, final route of the pipeline in order to determine not
only the extent of the jurisdictional impacts, but also the appropriate compensatory mitigation
requirements.
C. Proposed Impacts Inventory
C.1. Impacts Summary
Since there are substantial wetland and stream impacts, they need to be in a digital format to
make processing more efficient, Contact Craig Brown for the latest ORM upload sheets, as the
upload sheets are currently under revision.
For mitigation purposes, wetlands need to be classified as: Riparian Riverine, Riparian non -
Riverine, or Non - Riparian. For the impacted wetlands, indicate each of their classifications.
D. Impact Justification and Mitigation
D.1b. Specifically describe measures taken to avoid or minimize the proposed impacts .
through construction techniques,
On Page 13 of the application it states: "The Tar River, Rocky Swamp, Neuse River, and Cyprus
Creek are proposed to be open cut." Since the HDD method avoids impacts on water bodies,
please explain why the above waters are proposed to be open cut rather than by using HDD.
D.2. Compensatory Mitigation for Impacts to Waters of the U.S.
Fill this section out (note: this has been partially addressed on pages 43 -45 in Supplemental
Information).
Provide letters from private Mitigation Banks and /or the North Carolina Division of Mitigation
Services stating that they are willing to accept payment for the impacts associated with this
proj ect.
As stated on page 45 of the supplemental information submitted with the permit application, it is
stated that "a detailed mitigation plan will be provided at a later date." This plan needs to be
provided to our office for review and approval, prior to verification. Please be reminded that we
are willing to discuss your mitigation proposals, where standing water is present year round prior
to your final submission of the mitigation plan. This plan also needs to include a monitoring plan
for seven years, which would address potential mowing activities within the pipeline corridor by
the applicant and property owners. In addition, please include the proposed protective language
into the landowner easement agreements on parcels which contain waters of the US that are
being negotiated for the pipeline project.
D.3. Complete if using a Mitigation Bank c& DA. Complete if Making Payment to in -lieu
Fee Program
Fill these sections out (note: has been partially addressed on pages 43 -45 in Supplemental
Information).
F. Supplementary Information
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F.7. Historic or Prehistoric Resources
7a. Will this project occur in or near an area that the state. federal or tribal governments
have designated as having historic or cultural preservation status ?,
Please provide letters from SHPO and state and federal agencies, when available.
FERC is preparing an Enviromnental Impact Statement which addresses the requirements of
Section 106 of the National Historic Preservation Act (NHPA) and their final opinion on whether
the proposed activity may affect properties listed, or eligible for listing, in the National Register
of Historic Places is needed before a Nationwide Permit can be issued for this project.
F.8. Endangered Species and Designated Critical Habitat
Re: NWP National Regional Conditions for the Wilmington District — 1.3 Sturgeon Spawning
Area. Please provide any letters received from both the National Marine Fisheries Service
(NMFS) and the North Caroling Wildlife Resource Commission (NCWRC) (incl. letter dated
11/21/14) concerning Sturgeon spawning areas within the project area.
FERC is preparing an Environmental Impact Statement which addresses endangered species and
designated critical habitat and their final opinion on whether or not the ACP project "may affect"
a listed species or critical habitat is needed before a Nationwide Permit can be issued for this
project. In addition, provide the submitted reports supporting the impacts to our office.
Please submit the above information within. 30 drays of receipt of this Notification or we will
consider your application ivithdraivii and close the file. Please call or email
(Craig. J.Brorvn @usace. army. mil) me if you have any questions.
Date: October 15, 2015 or
w.
Corps Regulatory Official: Cram ro w Telephone No: 919 - 554 -4884 x35
Corps Regulatory Field Office Address:
Raleigh Regulatory Field Office
...........
3331 Heritage Trade Drive. Suite 105
Wake Forest, forth Carolina 27587
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Copies furnished:
Todd Allen Bowers
US EPA Region 4
Wetlands Regulatory Section
Sam Numl Atlanta Federal Center
61 Forsyth St. SW
Atlanta, GA 30303 -8960
Email: Bowers.Todd @epa.gov
Kevin Bowman
Environmental Project Manager
Federal Regulatory Energy Commission
888 First Street NE
Washington DC 20426
Email: [e-mail]
Jemlifer Btrdette
401 & Buffer Permitting Unit
NCDENR — Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699 -1617
Email: Jennifer.Burdette @ncdenr.gov
North Carolina Wildlife Resources Commission
Attn: David Cox
1701 Mail Service Center
Raleigh, North Carolina 27699 -1701
Email: David.Cox @lcwildlife.org
Jolm Ellis
USFWS
Raleigh Ecological Services Field Office
P.O. Box 33726
Raleigh, NC 27636 -37826
Email: Jol-in—[e-mail]
Steven W. Gibson
Enviroiunental Scientist
U.S. Army Corps of Engineers
Norfolk District Regulatory Branch
803 Front Street
Norfolk, VA 23510
Email: [e-mail]
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Renee Gledhill- Earley
North Carolina Department of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699 -1617
Email: renee.gledhill- earley @ncdcr.gov
Mr. Fritz Rohde
National Marine Fisheries Service
Habitat Conservation Division — Atlantic Branch
101 Pivers Island Road
Beufort, North Carolina 28516
Email: Fritz.Rhode @noaa.gov
Email Copies Furnished:
Dale E. Beter
SAW
Email: Dale.E.Beter @isace.army.mil
Jean B. Gibby
SAW
Email: Jean B. [e-mail]
Emily C Greer
SAW
Email: Emily.C. Greer @usace.army.mil
Adam E. Fannin
LRH
Email: Adam.E.Famiin @usace.army.mil
James W. Haggerty
NAD
Email: James. W.Haggerty @usace.army.mil
Peter R. Kube
NAO
Email: Peter.R.Kube @usace.army.mil
Scott C. Mclendon
SAW
Email: Scott.C.McLendon @usace.army.mil
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Linda Morrison
Dawson & Associates, Inc.
FedMark Solutions, LLC
Email: lmorr @FedMarkSolutions.com
Carl E. Pruitt
SAW
Email: Carl [e-mail]
Joshua D. Shaffer
LRP
Email: [e-mail]
A1ani Taylor
LRP
Alani.Taylor @usace.army.mil
Henry M. Wicker
SAW
Email: Hemy.M.Wicker.JR @usace.army.mil
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