HomeMy WebLinkAbout20170957 Ver 1_23_Appendix_M_ACP Unanticipated Finds Plan - NC Rev 1 071816_20170227Atlantic
Coast
Pipeline w
ATLANTIC COAST PIPELINE, LLC
ATLANTIC COAST PIPELINE
Docket Nos. CP15-554-000
CP15-554-001
Plan for the Unanticipated Discovery of Historic Properties
or Human Remains during Construction in North Carolina
Updated, Rev. 1
i46MEt
10016MIM,
M R-OWA
July 18, 2016
Plan for the Unanticipated Discovery of Historic Properties or Human Remains during
Construction in North Carolina
TABLE OF CONTENTS
1.0
INTRODUCTION..............................................................................................................1
2.0
PURPOSE...........................................................................................................................1
3.0
TRAINING.........................................................................................................................1
4.0
UNANTICIPATED DISCOVERY OF CULTURAL MATERIALS OR HUMAN
REMAINS...........................................................................................................................1
4.1 Discovery of Cultural Materials...............................................................................2
4.2 Discovery of Unmarked Burials or Human Remains..............................................3
5.0
CONTACTS FOR UNANTICIPATED DISCOVERIES...............................................5
6.0
REFERENCES...................................................................................................................8
Plan for the Unanticipated Discovery of Historic Properties or Human Remains during
Construction in North Carolina
LIST OF ACRONYMS AND ABBREVIATIONS
ACP
Atlantic Coast Pipeline
Atlantic
Atlantic Coast Pipeline, LLC
DTI
Dominion Transmission, Inc.
EI
Environmental Inspector
FERC
Federal Energy Regulatory Commission
NCDCR
North Carolina Department of Cultural Resources
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Plan for the Unanticipated Discovery of Historic Properties or Human Remains during
Construction in North Carolina
1.0 INTRODUCTION
Atlantic Coast Pipeline, LLC (Atlantic) — a company formed by four major energy
companies — Dominion Resources, Inc.; Duke Energy Corporation; Piedmont Natural Gas Co.,
Inc.; and AGL Resources, Inc. — proposes to construct and operate approximately 600 miles of
natural gas transmission pipelines and associated aboveground facilities in West Virginia,
Virginia, and North Carolina. This Project, referred to as the Atlantic Coast Pipeline (ACP), will
deliver up to 1.5 million dekatherms per day of natural gas from supply areas in the Appalachian
region to demand areas in Virginia and North Carolina. Atlantic has contracted with Dominion
Transmission, Inc. (DTI), a subsidiary of Dominion Resources, Inc., to construct and operate the
ACP on behalf of Atlantic.
2.0 PURPOSE
This plan identifies procedures to be implemented in the event that previously unreported
and unanticipated cultural materials or human remains are found during construction of the ACP
in North Carolina.
3.0 TRAINING
Prior to the start of construction, Atlantic will conduct environmental training, including
instruction on the identification of cultural materials, unmarked burials, and human remains, for
Company and Contractor 1 personnel. The training program will focus on the Federal Energy
Regulatory Commission's (FERC) Upland Erosion Control, Revegetation, and Maintenance
Plan and Wetland and Waterbody Construction and Mitigation Procedures; other construction,
restoration, and mitigation plans, including this Plan for Unanticipated Discovery of Historic
Properties or Human Remains; and applicable permit conditions. Atlantic also will provide
large -group training sessions before each work crew commences construction with periodic
follow-up training for groups of newly assigned personnel.
4.0 UNANTICIPATED DISCOVERY OF CULTURAL MATERIALS OR HUMAN
REMAINS
The following measures will be implemented if known or suspected cultural materials,
unmarked burials, or human remains are discovered during construction in North Carolina:
1. The Contractor will stop work in the area of the find (i.e., within 100 feet of the
find or the outer perimeter of a group of finds) to protect the integrity of the find.
2. The Contractor will notify Atlantic's Environmental Inspector (EI) 2 of the find.
The Contractor will not restart work in the area of the find until approved by the
EI.
` Contractor or Contractors refer to the company or companies retained by Atlantic or another contractor to construct the proposed facilities.
2 The role and responsibilities of an EI are defined in the FERC's Upland Erosion Control, Revegetation, and Maintenance Plan.
Plan for the Unanticipated Discovery of Historic Properties or Human Remains during
Construction in North Carolina
3. The EI will notify Atlantic's Environmental Project Manager, who will coordinate
with the Archaeological Consultant to conduct a preliminary assessment of the
find.
4. Following the investigation, the Archaeological Consultant will notify Atlantic's
Environmental Project Manager by telephone regarding the preliminary
assessment of the find.
5. Atlantic Environmental Project Manager will notify the FERC and North Carolina
Department of Cultural Resources (NCDCR), which serves as the State Historic
Preservation Office, by telephone regarding the preliminary evaluation of the find.
6. Atlantic's Environmental Project Manager will notify the Delaware Nation of the
find. s
7. If the materials found are cultural materials (e.g., artifacts or archaeological
features), the procedures in Section 4.1 will be implemented. If the materials
found are human remains, the procedures identified in Section 4.2 will be
implemented.
4.1 Discovery of Cultural Materials
1. The EI will flag or fence off the site (including the area within 100 feet of the find
or the outer perimeter of a group of finds).
2. Atlantic's Environmental Project Manager will direct the Archaeological
Consultant to begin an assessment of the significance of the find and the potential
effect of construction on the site.
3. The Archaeological Consultant will assess and document the find within 2 days of
its discovery.
4. If the Archaeological Consultant determines the find is not significant, and the
FERC and NCDCR concur, the Archaeological Consultant will notify Atlantic's
Environmental Project Manager that construction may proceed in the vicinity of
the find without additional action. The Archaeological Consultant will prepare a
brief report on the find for submittal to the FERC and NCDCR within seven days
of the discovery.
5. If the Archaeological Consultant determines that the find may be significant, and
the FERC and NCDCR concur, then the following additional steps will be
implemented.
3 In a letter to the FERC dated December 1, 2014, the Delaware Nation asked to be notified in the event of an unanticipated discovery of
archaeological sites during construction. None of the other federally recognized tribes consulted for the SHP asked to be notified in the
event of an unanticipated find.
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Plan for the Unanticipated Discovery of Historic Properties or Human Remains during
Construction in North Carolina
6. Atlantic's Environmental Project Manager will notify other parties of the find as
directed by the NCDCR and FERC.
7. If the find is determined to be significant and continuing construction may
damage more of the site, Atlantic's Environmental Project Manager will request
recommendations from the FERC, NCDCR, and other parties recommended by
the FERC and NCDCR regarding measures for site treatment. These measures
may include:
i) A variance request to re-route around the site,
ii) Formal archaeological evaluation of the site;
iii) Site visits by the FERC, NCDCR and other parties;
iv) Preparation of a mitigation plan by Atlantic for approval by the FERC and
NCDCR;
V) Implementation of the mitigation plan; and
vi) Approval to resume construction following completion of the fieldwork
component of the mitigation plan.
8. If, upon further analysis by the Archaeological Consultant, the find is determined
to lack significance, Atlantic's Environmental Project Manager will consult with
the FERC, NCDCR, and other appropriate parties, and will request approval to
resume construction subject, as warranted, to further mitigation required by the
FERC.
9. Atlantic's Environmental Project Manager will notify the EI who will grant
clearance to the Contractor to start work.
4.2 Discovery of Unmarked Burials or Human Remains
1. If unmarked human burial or skeletal remains are encountered during construction
activities, Atlantic will comply with applicable provisions of North Carolina's
"Unmarked Human Burial and Human Skeletal Remains Protection Act" (North
Carolina General Statutes Chapter 70, Article 3).
2. Atlantic's Environmental Project Manager will direct the EI to flag or fence off
the site (including the area within 100 feet of the find or the outer perimeter of a
group of finds), and will notify the County sheriff, who will notify the County
medical examiner as required by North Carolina General Statutes Chapter 70,
Article 3.
3. Atlantic's Environmental Project Manager will notify the FERC of the find.
Plan for the Unanticipated Discovery of Historic Properties or Human Remains during
Construction in North Carolina
4. If the County medical examiner determines that the remains are not modern or do
not reflect a crime scene, and/or if they otherwise relinquish their jurisdiction over
the remains, the County medical examiner will notify the state's Chief Medical
Examiner, who in turn will notify the State Archaeologist of the discovery and the
findings of the County medical examiner. The State Archaeologist will take
charge of the remains.
5. The State Archaeologist will have 48 hours to make arrangements with the
landowner for the protection or removal of the burial or remains.
6. If the remains are removed, the State Archaeologist will coordinate the excavation
by a professional archaeologist. The professional archaeologist will report his/her
opinion on the characteristics of the remains to the State Archaeologist within two
days after the removal.
7. Atlantic's Environmental Project Manager will consult appropriate parties (e.g.,
the State Archaeologist, the NCDCR, the Executive Director of the North
Carolina Commission of Indian Affairs, federally recognized Indian tribes, and/or
the landowner) as directed by the FERC regarding additional steps to be followed.
8. If it is determined that the remains are Native American, a reasonable effort will
be made to identify, locate, and notify the appropriate Tribe.
9. If it is determined the remains are not Native American, the State Archaeologist
will attempt to determine the identity or next of kin of the deceased. If no next of
kin are identified the remains will be transferred to the State Archaeologist and
permanently curated.
10. The measures to protect the remains and associated artifacts will remain in effect
until they have been fully evaluated, appropriate treatment of the discovery (if
applicable) has been completed, and Atlantic has received written notice from the
FERC to proceed with construction at the discovery site.
11. Atlantic's Environmental Project Manager will notify the EI who will grant
clearance to the Contractor to resume work in the vicinity of the find.
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Plan for the Unanticipated Discovery of Historic Properties or Human Remains during
Construction in North Carolina
5.0 CONTACTS FOR UNANTICIPATED DISCOVERIES
ATLANTIC CONTACTS:
Lead Environmental Inspector:
Name: TBD
Cell: TBD
Email: TBD
Atlantic Environmental Project Manager:
Name:
TBD
Phone:
TBD
Cell:
TBD
E-mail:
TBD
Archaeological Consultant:
Name:
William Stanyard
Company:
ERM
Phone:
(678) 781-1372
Cell:
(404) 317-0543
E-mail:
bill. stanyard ,erm.com
FEDERAL CONTACTS:
FERC Project Archaeologist:
Name: Ellen Armbruster
Phone: 202-502-8330
Email: Ellen.Armbruster(a ferc.gov
STATE CONTACTS:
NCDCR/State Historic Preservation Office:
Name: Kevin Cherry
Phone: (919) 807-7280
E-mail: kevin.cherry@ncdcr.gov
North Carolina State Archaeologist
Name: Stephen Claggett
Phone: (919) 807-6551
Email: steve.claggett@ncdcr.gov
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Plan for the Unanticipated Discovery of Historic Properties or Human Remains during
Construction in North Carolina
TRIBAL CONTACTS:
Delaware Nation, Cultural Preservation Office
Name: Nekole Alligood
Phone: (405) 247-2448
LOCAL LAW ENFORCEMENT CONTACTS:
Cumberland County Sheriff:
Name: Earl Butler
Phone: (910) 323-1500
Address: 131 Dick St, Fayetteville, NC 28301
Halifax County Sheriff:
Name: Wes Tripp
Phone: (252) 583-8201
Address: 355 Ferrell Ln, Halifax, NC 27839
Johnston County Sheriff:
Name: Steve Bizzell
Phone: (919) 989-5010
Address: 120 S 3rd St, Smithfield, NC 27577
Nash County Sheriff:
Name: Keith Stone
Phone: (252) 459-4121
Address: 222 West Washington Street, Nashville, NC 27856
Northampton County Sheriff:
Name: Jack Smith
Phone: (252) 534-2611
Address: 105 W Jefferson St, Jackson, NC 27845
Robeson County Sheriff:
Name: Kenneth Sealey
Phone: (910) 671-3100
Address: 120 Legend Road, Lumberton, NC 28358
Sampson County Sheriff:
Name: Jimmy Thornton
Phone: (910) 592-4141
Address: 112 Fontana St, Clinton, NC 28328
C.1
Plan for the Unanticipated Discovery of Historic Properties or Human Remains during
Construction in North Carolina
Wilson County Sheriff:
Name: Calvin Woodard Jr.
Phone: (252) 237-2118
Address: 100 Green Street East, Wilson, NC 27893
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Plan for the Unanticipated Discovery of Historic Properties or Human Remains during
Construction in North Carolina
6.0 REFERENCES
State of North Carolina. Unmarked Human Burial and Human Skeletal Remains Projection Act,
North Carolina General Statutes Chapter 70, Article 3. Available online at:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter 70/Arti
cle 3.pdf. Accessed February 2015.