20140957 Ver 2_19_Appendix_I_SAW FINAL ACP Section 408_3Nov2016_20170509

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CESAW-PE
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Dominion Resources Services, Inc.
Attn: Mr, William A. Scarpinato
5000 Dominion Boulevard
Glen Allen, Virginia 23060
Dear Mr. Scarpinato,
November 3, 2016
The Wilmington District of the U.S. Army Corps of Engineers (USACE) has performed an
evaluation of your request (on behalf of Atlantic Coast Pipeline, LLC) to cross under the Cape
Fear River with a natural gas pipeline. Pursuant to Section 107 of the Rivers and Harbors Act of
1960, this evaluation was performed in accordance with Engineer Circular (EC) 1165-2-216.
Based on this evaluation, the Wilmington District grants the request for the pipeline to cross
the Cape Fear River for the following reasons: (1) the proposed action will not be injurious to the
public interest, and (2) the proposed action will not impair the usefulness of the federal project.
As the requester, Atlantic is solely responsible for any remedial action needed to correct any
deficiency in the design or construction of the requested alteration.
For any questions regarding this evaluation, please contact Ms. Jenny Owens, Wilmington
District Section 408 Coordinator, at [phone] or at [e-mail].
Sincerely,
W P 2.
Kevin P. Lar rs Sr.
Colonel, U.S. Army
District Commander

CESAW-PE
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
"u4t:►III Ju •t t •:t,
SUBJECT: Section 408 - Atlantic Coast Pipeline Crossing of Cape Fear River
3 November 2016
Federal Project Authority: The Cape Fear River above Wilmington was authorized on 26 August
1937 under authority of the Rivers and Harbors Committee Document 17/75/1. The federal project
in the vicinity of the proposed action is 8 feet deep with varying widths.
Location and Description: The proposed project is located on the Cape Fear River in Cumberland
County, NC (Figures 1 and 2). The Atlantic Coast Pipeline (ACP) will cross under the Cape Fear,
Neuse, and Roanoke Rivers. However, the Cape Fear River is the only federal project potentially
impacted; therefore, it is the only river that requires review pursuant to Section 408. The proposed
pipeline will cross under the Cape Fear River in Cumberland County, at Milepost 154.2,
approximately 2.15 miles north of the Cumberland and Bladen County lines.
Proposed Action: The Wilmington District, Regulatory Division, received an application from
Dominion Resources Services, Inc., on behalf of Atlantic Coast Pipeline, LLC, seeking Department
of the Army (D.A.) authorization to allow the ACP, a natural gas pipeline, to cross the Cape Fear
River. Atlantic will use horizontal directional drilling when placing the 36 -inch gas pipeline. This
allows for trenchless construction by drilling a hole beneath the river and installing a prefabricated
segment of pipeline through the hole. The bore beneath the Cape Fear River will be approximately
1,654 feet in length and approximately 40 feet below the stream bottom.
Technical Analysis: The Wilmington District Operations (Todd Horton), Engineering (Greg
Williams), and Planning (Jenny Owens) Branches have reviewed the plans for placement of the
pipeline under the Cape Fear River, and have concluded that there is no evidence to indicate the
proposed project will have any negative effects on the federal project. It has been determined that
the buffer between the authorized depth of the federal project in that location (8 ft) and the proposed
depth of the horizontal directional drilling and pipeline placement (40 ft) provide sufficient
protection from potential impacts to the federal project. The horizontal directional drilling method is
a more environmentally protective method than other construction techniques as it avoids surface
disturbance, riparian tree clearing, and in -stream construction.
In the unlikely scenario in which a section of pipeline that traverses the federal project fails or
otherwise requires repair, Atlantic will first ensure that any safety risks are addressed and will notify
the USACE immediately. Subsequent to that action, Atlantic will take necessary steps to replace or
repair the subject section, following necessary and required coordination with the USACE regarding
Section 408 permission and Regulatory Permit modifications or authorizations. Atlantic will work
collaboratively with the USACE to identify the appropriate corrective action. Atlantic understands
that it will be responsible for implementing the appropriate corrective action and that any proposed

CESAW-ECP-PE
SUBJECT: Section 408 - Atlantic Coast Pipeline Crossing of Cape Fear River
corrective action may require a change to the original approved alteration or a new Section 408
request, depending on the proposed action. As there are multiple, though unlikely, failure scenarios,
it would be imprudent and infeasible to address any specific one at this time; however, if feasible,
Atlantic would repair or replace the pipe in its current location, rather than adjacent to its current
location.
Public Interest Determination: The Cape Fear River allows vessels to travel from the Atlantic
Ocean to the upstream portion of the Cape Fear River using a series of three locks and dams. The
pipeline crossing will be upstream of William O. Huske Dam (Lock and Dam 3). The Cape Fear
River offers public recreational opportunities for activities such as fishing, boating, and bird
watching. The Cape Fear River also provides drinking water to surrounding communities. Due to
the use of horizontal directional drilling method and the proposed depth of the pipeline, the ACP will
not affect the Cape Fear River and will provide natural gas to the surrounding areas, benefitting local
communities.
Real Estate: Based on coordination with SAS -RE, the proposed project does not involve Federal
property; therefore no USACE real estate action is required.
Environmental Compliance: Pursuant to Section 404 of the Clean Water Act and Section 10 of the
Rivers and Harbors Act, Atlantic is required to obtain a D.A. permit through the USACE Wilmington
Regulatory Field Office. The proposed project is being evaluated in accordance with the National
Environmental Policy Act (NEPA) through the preparation of an Environmental Impact Statement
(EIS) that will address impacts of the entire pipeline, which includes over 200 miles of pipeline in
North Carolina. The NEPA process will conclude with a Record of Decision (ROD) and compliance
with NEPA and all other applicable laws and regulations will be completed prior to issuance of the
D.A. permit.
Conclusion: Based upon the foregoing, it is my determination that: (1) the proposed action will not
be injurious to the public interest, and (2) the proposed action will not impair the usefulness of the
Federal project. Moreover, based upon a review of the questions set forth in EC 1165-2-216, Para 6.t.
(1)-(7), I have determined that the approval of this work is within my delegated approval authority.
In accordance with 33 U. S. C. 408,1 hereby grant approval to Dominion to execute the proposed
work.
Point of Contact: For questions regarding this evaluation, please contact Ms. Jenny Owens,
Wilmington District Section 408 Coordinator, at [phone] or at
[e-mail].
_4P/ER
KEVIN P. LA.
COL, EN
Commanding
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Figure 2. Atlantic Coast Pipeline Location at Cape Fear River (zoomed in)
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