20140957 Ver 2_21_Appendix_K_General Regional Conditions Table_05052017FINAL_20170509

COMPLIANCE WITH NATIONWIDE 12 PERMIT TERMS AND CONDITIONS
Compliance with both General Conditions of the Nationwide Permit Program and
additional Regional Conditions as specified according to General Condition 27 are summarized
in table K-1, table K-2, and K-3 below.
TABLE K-1
Atlantic Coast Pipeline
Compliance with Nationwide Permit General Conditions in North Carolina
General Conditions
Compliance with Condition
1 —Navigation
Atlantic will comply with General Condition 1 by installing the pipeline beneath navigable waterbodies within
the USACE - Wilmington District, including the Roanoke River and the Cape Fear River by using the
horizontal directional drill (HDD) construction technique, which will avoid disturbing the bed and the banks
of the rivers. Moreover, the pipeline will be installed at a sufficient depth beneath the navigation channel(s) to
avoid interfering with future maintenance dredging projects. The Neuse River will be crossed using the
cofferdam method, but the segment of river where construction will occur is shallow and not subject to
commercial navigation. Atlantic will work with local and state agency staff to provide notice to recreational
users of the Neuse River. Site-specific plans for Section 10 crossings are included in Appendix F. No
guidewires for HDDs will be used across Section 10 rivers.
2 — Aquatic Life Movements
Atlantic will comply with General Condition 2 by completing pipeline installation in accordance with the best
management practices contained in the FERC Plan and Procedures, as well as agency -specified in -stream
work windows, which collectively include measures to minimize impacts on aquatic life movements
including:
• Expediting in -stream construction activities in waterbodies;
• Installing temporary bridges across flowing waterbodies to facilitate access for equipment;
• Maintaining downstream flow rates during dam & pump and flume crossings by use of adequately sized
pumps or flume pipes to protect aquatic life and prevent interruption of existing downstream uses;
• Restoring the stream channel and banks to preconstruction contours; and
• Removing construction equipment and materials from within the waterbody as soon as practical.
Construction timing restrictions for work within sensitive waterbodies within North Carolina will be followed
according to NCDENR recommended windows.
If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize
adverse effects to aquatic life movements.
3 — Spawning Areas
Atlantic will comply with General Condition 3 by completing installation of the pipeline during periods of low
flow where practicable, expediting in -stream activities, installing temporary equipment bridges, and
completing installation of the pipeline in perennial waterbodies with cold or warm water fisheries outside of
in -stream work restriction periods required by federal and or state agencies.
4 — Migratory Bird Breeding
Atlantic will comply with General Condition 4 and remain in compliance with the applicable portions of the
Areas
Migratory Bird Treaty Act. The ACP Project crosses two Important Bird Habitats within North Carolina, the
Roanoke River Bottomlands, and the Upper Neuse River Bottomlands. To comply with General Condition 4
Atlantic is developing conservation measures that would minimize impacts to migratory birds, otherwise
known as the Migratory Bird Plan.
Atlantic plans to clear the pipeline right-of-way outside of the migratory bird nesting season to reduce
potential impacts on migratory birds and other sensitive species. On May 5, 2017 Atlantic submitted a MBTA
and Bald and Golden Eagle Protection Act Plan to the FERC, as the lead federal agency, with a copy provided
to the FWS and USACE.
5 — Shellfish Beds
Atlantic will comply with General Condition 5 by completing installation of the pipeline under waterbodies
with known presence of federally listed mussel species avoiding impacts through the use of the HDD method,
or other crossing method with mussel relocation. Atlantic will consult with the Fish and Wildlife Service
regarding potential effects to federally listed mussels. Atlantic filed the final draft Biological Assessment with
the FERC on January 27, 2017, and a copy also went to the U.S. Fish and Wildlife Service and USACE.
Conservation measures including time of year restrictions or relocations will be followed according to the
requirements of the ACP's final Biological Opinion.
6 — Suitable Material
Atlantic will comply with General Condition 6 by utilizing the material excavated from the pipeline trench to
backfill the trench in areas where the pipeline will be installed using conventional trenching techniques. The
backfilled material will be free from trash and other unsuitable material. Where trench temporary sidecast is
not suitable, Atlantic may use imported clean fill such as sand, washed gravel, or cobbles to complete backfill
of the trench. This situation may occur where bedrock is encountered within the trench and must be removed
from the backfill material to prevent damage to the pipeline's coating.
Atlantic will dispose of drill cuttings generated during the HDD installation of the pipeline outside of wetlands
and waterbodies in accordance with landowner requirements and any applicable local regulations.
K-1-1

TABLE K -I (cont'd)
Atlantic Coast Pipeline
Compliance with Nationwide Permit General Conditions
General Conditions
Compliance with Condition
7 — Water Supply Intakes
Atlantic has complied with General Condition 7 by identifying potable water intakes located within three
miles downstream of proposed crossing locations. No water supply intakes were identified for the AP -2
mainline nor for the section of AP -3 in North Carolina.
8 — Adverse Effects From
Atlantic will comply with General Condition 8 by completing pipeline installation in accordance with best
Impoundments
management practices, which includes measures to minimize the duration of in -stream activities and maintain
downstream flow. All temporary bulkheads and temporary bridges will be removed following construction.
No permanent impoundments are proposed within waters of the U.S.
9 — Management of Water
Atlantic will comply with General Condition 9 by restoring the course, condition, and capacity of all
Flows
waterbody crossings to the maximum extent practicable. Atlantic will complete pipeline installation in
accordance with the best management practices contained in the FERC Plan and Procedures. The specific
measures are designed to minimize the duration of in -stream activities and maintain downstream flow by:
completing pipeline installation within the timeframes described in the Procedures, designing and maintaining
temporary equipment bridges to maintain unrestricted flow, and maintaining adequate flow rates during use of
dry crossing methods such as the dam & pump and flume methods.
10 — Fills Within 100 -Year
Atlantic will comply with General Condition 10 by siting aboveground facilities such as pump stations and
Floodplains
valves in upland areas to the maximum extent feasible. In the event that placement of aboveground facilities
such as valves is required within a floodplain, Atlantic will obtain the appropriate state and local permits prior
to installation. Appendix A, Figure A-5 includes maps that identify aboveground facilities in relation to
FEMA floodplains.
I I — Equipment
Atlantic will comply with General Condition 11 by limiting the equipment operating in wetlands and
waterbodies to that necessary to safely install the pipeline. Atlantic will utilize mats or low -ground -weight
equipment if standing water or saturated soils are present and equipment would cause rutting in wetlands.
12 — Soil Erosion and Sediment
Atlantic will comply with General Condition 12 by obtaining state construction stormwater permits and
Controls
implementing best management practices and installing erosion control devices as necessary to prevent
erosion within the construction right-of-way and ATWS immediately after the initial removal of vegetation
and prior to grading and soil disturbance. These controls will be properly maintained throughout construction
until replaced by permanent controls or revegetation has stabilized the area.
13 — Removal of Temporary
Atlantic will comply with General Condition 13 by following the pipeline installation process of backfilling
Fills
the trench and restoring surface contours to their pre-existing elevation. Excess materials will be removed
from the wetland and disposed of in a suitable upland area. Temporary bridges and timber construction mats
used within wetlands and waterbodies to facilitate installation of the pipeline and equipment travel will be
removed once construction and restoration is complete.
14 — Proper Maintenance
Atlantic will comply with General Condition 14 by maintaining the pipeline in accordance with Atlantic's
safety standards and specifications and in accordance with the U.S. Department of Transportation (Title 49
CFR Part 192) requirements.
15 — Single and Complete
Atlantic will comply with General Condition 15. This pre -construction notification (PCN) includes all
Project
wetlands and waterbodies crossed by the route within the USACE - Wilmington district. Atlantic understands
that crossings will be considered a single and compete project under the provisions of Nationwide Permit No.
12 and all calculations of the Projects impacts are provided in a manner for the COE to review each single and
complete project separately. Atlantic will provide an update to this notification in the event that additional
wetlands and waterbodies are identified as surveys of the entire pipeline route are completed. Atlantic has
also identified for each USACE District all other General Permit applications Atlantic (for ACP) and DTI (for
Supply Header Project) have applied for as related to work proposed in waters of the U.S.
16 — Wild and Scenic Rivers
Atlantic will comply with General Condition 16 given that the ACP does not cross any federally designated
Wild and Scenic Rivers.
17 — Tribal Rights
The ACP will not impact tribal rights, such as reserved water rights and treaty fishing and hunting rights.
Atlantic has initiated consultation with Native American tribes historically known to occur within the project
areas. A summary of correspondence with federally recognized tribes can be found in Appendix N.
18 — Endangered Species
Atlantic will comply with General Condition 18 by developing a Biological Assessment evaluating the
potential impacts of the ACP on federally listed species. Atlantic filed the final draft Biological Assessment
with the FERC on January 27, 2017, and a copy also went to the U.S. Fish and Wildlife Service and USACE.
As the lead Federal agency for authorizing the ACP, FERC is required to coordinate with the U.S. Fish and
Wildlife Service and the National Oceanic and Atmospheric Administration, National Marine Fisheries
Service to determine whether federally listed endangered or threatened species or designated critical habitat
are found in the vicinity of the ACP, and to evaluate the potential effects of the proposed actions on those
species or critical habitat.
K-1-2

TABLE K -I (cont'd)
Atlantic Coast Pipeline
Compliance with Nationwide Permit General Conditions
General Conditions
Compliance with Condition
19 — Migratory Bird and Bald
Atlantic will comply with General Condition 19 and the relevant portions of both the Migratory Bird Treaty
and Golden Eagle Permits
Act and the Bald and Golden Eagle Protection Act. Atlantic will implement a project -specific Migratory Bird
Plan that identifies conservation measures that will be implemented, such as: Atlantic plans to clear the
pipeline right-of-way outside of the migratory bird nesting season to reduce potential impacts on migratory
birds and other sensitive species. In the event that an active bald eagle nest is identified in the vicinity of the
project, Atlantic will adhere to the requirements of the National Bald Eagle Management guidelines to
minimize potential impacts on nesting eagles. On May 5, 2017 Atlantic submitted an MBTA and Bald and
Golden Eagle Plan to the FERC and the FWS.
20 — Historic Properties
Atlantic will comply with General Condition 20, which is discussed in more detail in section F7 of the
application materials. Atlantic is coordinating with FERC as the lead federal agency for the Project and will
provide a cultural resources survey report to the USACE upon request to facilitate the review of the project
according to Section 106 of the National Historic Preservation Act.
21 — Discovery of Previously
Atlantic will comply with General Condition 21 by ceasing work upon discovery of, discovery of previously
Unknown Remains and
unknown remains and artifacts and reporting the discovery to the FERC. Atlantic has developed Plans for
Artifacts
Unanticipated Discovery of Historic Properties or Human Remains during Construction, which have been
provided to the State Historic Preservation Office for review and comment. See Appendix M for the project -
specific Plans for Unanticipated Discovery of Historic Properties or Human Remains during Construction.
22 — Designated Critical
Atlantic has complied with General Condition 22. The ACP will not be located within a National Oceanic and
Resource Waters
Atmospheric Administration -designated marine sanctuary, National Estuarine Research Reserve, or National
Wild and Scenic River. In addition, the ACP will not affect critical habitat for federally listed threatened and
endangered species.
23 — Mitigation
Atlantic will comply with General Condition 23 by mitigating temporary impacts on-site through restoration
of preconstruction contours of wetlands and beds and banks of waterbodies, and revegetation of wetlands and
waterbody banks. For remaining impacts that cannot be mitigated on site, including loss of wetlands and for
permanent conversion impacts to palustrine forested wetlands, Atlantic has provided a conceptual mitigation
plan described in Section D.2. In addition, both the temporarily impacted construction right of way and
permanently maintained right of way will be reseeded with native wetland seed mix in wetland areas to help
stabilize the areas after construction.
24 — Safety of Impoundment
Atlantic will comply with General Condition 24 as no permanent impoundments in waters of the U.S. are
Structures
proposed for the ACP.
25 — Water Quality
Atlantic will comply with General Condition 25 by submitting an application to the North Carolina
Department of Environmental Quality, Division of Water Resources for review according to Section 401
Water Quality Certification and complying with general conditions as authorized under the 2017-2022 NWP
Program and/or conditions of a NCDEQ 401 Water Quality Individual Permit Certification.
26 — Coastal Zone
Not applicable — There is no work within the Coastal Zone in North Carolina for the ACP.
Management
27 — Regional and Case -By-
See Tables J-2 and J-3.
Case Conditions
28 — Use of Multiple
Atlantic is seeking authorization only under Nationwide Permit 12 in the Wilmington District, therefore
Nationwide Permits
General Condition 28 is not applicable.
29 — Transfer of Nationwide
Atlantic will comply with General Condition 29. Although Atlantic does not intend to transfer its permit
Permit Verifications
verification, Atlantic will notify the COE in accordance with the requirements of Condition 29 in the event
that transfer of the permit is required.
30 — Compliance Certification
Atlantic will comply with General Condition 30. Following construction and restoration, Atlantic will submit
a signed certification if required, stating that the work was completed in accordance with permit conditions.
31 — Activities Affecting
Atlantic requested a Section 408 crossing permission review with the Wilmington District. The Wilmington
Structures or Works Built by
District reviewed the ACP and on November 3, 2016 provided a letter granting approval to cross the Cape
the United States
Fear River via HDD, the one USACE project crossed by the ACP in the Wilmington District The letter is
provided in Appendix I.
32 —Pre -Construction
Atlantic will comply with General Condition 32 by providing a complete pre -construction notification for
Notification
wetlands and waterbodies crossed by the ACP. Atlantic will provide an update to this notification in the event
that additional wetlands and waterbodies are identified as survey of the entire pipeline route is completed.
K-1-3

TABLE K-2
Atlantic Coast Pipeline
Compliance with Nationwide Permit General Regional Conditions for the Wilmington District
Regional Conditions
Compliance with Condition
1.1 Anadromous Fish
Atlantic will comply with Regional Condition 1.1 by adhering to the timing restrictions set forth by the
Spawning Areas
NCDMF and the NCWRC.
1.2 Trout Waters Moratorium
Atlantic will comply with Regional Condition 1.2 since the project is not located in any of the 25 trout
counties.
1.3 Sturgeon Spawning Areas
Atlantic will comply with Regional Condition 1.3 by complying with consultation with the Southeast Region
of NOAA Fisheries, through FERC as the lead federal agency for NEPA. Based on consultation with the
Southeast Region of NOAA Fisheries, Atlantic sturgeon of the Carolina DPS are known or believed to occur
in Northampton and Halifax Counties, North Carolina (NOAA, 2014b). The Status Review of the Atlantic
sturgeon issued by NOAA Fisheries in 2007 identifies known occurrences of the species in the Roanoke
River. In a letter dated November 21, 2014, the NCWRC also said that there are records for Atlantic sturgeon
in the Roanoke River, and that researchers have recently documented Fall spawning in the river. The Status
Review also identifies occurrences of Atlantic sturgeon in the Nottoway, Cape Fear, Tar, and Neuse Rivers,
each of which is crossed by the proposed AP -2 mainline route. The crossing of the Nottoway, Cape Fear, and
Tar Rivers are not expected to support Atlantic sturgeon. The Roanoke River and Neuse River crossings are
expected to support Atlantic sturgeon, during Spring and early Summer spawning. Proposed Critical Habitat
occurs at the Roanoke River crossing and at the Neuse River crossing. Atlantic will utilize the HDD
construction method to cross the Roanoke River, which would avoid impacts on the spawning of Atlantic
sturgeon. Atlantic will utilize the cofferdam method to cross the Neuse River to minimize impacts on Atlantic
sturgeon, and will construct according to the requirements of the ACP's final Biological Opinion or NOAA
recommended conservation measures to avoid adverse effects to the species.
2.1 Western NC Counties
Atlantic will comply with Regional Condition 2.1 since the project is not located in any of the counties with
critical habitat.
2.2 Special Designation Waters
Atlantic will comply with Regional Condition 2.2 by complying with NWP General Condition 32 (see Table
I-1 for details) and submitting a complete PCN for all wetlands and waterbodies crossed by the Project.
2.3 Coastal Area Management
Atlantic will comply with Regional Condition 2.3 since the project is not located in any of the coastal area
Act Areas of Environmental
management counties.
Concern
2.4 Barrier Islands
Atlantic will comply with Regional Condition 2.4 since the project is not located on any of the barrier islands
in North Carolina.
2.5 Mountain or Piedmont
Atlantic will comply with Regional Condition 2.5 by complying with NWP General Condition 31 (see Table
Bogs
I-1 for details) and submitting a complete PCN for all wetlands and waterbodies crossed by the Project.
2.6 Animal Waste Facilities
Atlantic will comply with Regional Condition 2.6 since the Project does not propose any animal waste
facilities.
2.7 Trout Waters
Atlantic will comply with Regional Condition 2.7 since the Project is not located in any of the 25 trout
counties.
2.8 Western NC Waters and
Atlantic will comply with Regional Condition 2.8 since the Project does not occur in any of the western North
Corridors
Carolina waters.
3.1 Limitation of Loss of
Atlantic will comply with Regional Condition 3.1 since no permanent loss is proposed to waterbodies due to
Perennial Stream Bed
mainline pipeline construction. Where access road improvements are necessary, impacts will be minimized to
the maximum extent practicable, and impacts will be kept below the NWP 12 threshold for each single and
complete crossing.
3.2 Mitigation for Loss of
Atlantic will comply with Regional Condition 3.2 since no permanent impacts due to mainline construction
Stream Bed
are proposed to waterbodies within the project area. Where access road improvements are necessary that
require impacts to stream beds, Atlantic will coordinate mitigation with the Wilmington District.
3.3 Pre -construction
Atlantic will comply with Regional Condition 3.3 given that notice for all crossings of waters of the U.S. is
Notification for Loss of
being provided to the Wilmington District.
Streambed Exceeding 150 feet
3.4 Restriction on Use of Live
Atlantic will comply with Regional Condition 3.4 by adhering to the SPCC Plan which states that all activities
Concrete
that involve live concrete will take place a minimum of 100 -feet from wetlands and waterbodies. Concrete -
coated pipe will be installed after the concrete has dried.
K-1-4

TABLE K-2 (cont'd)
Atlantic Coast Pipeline
Compliance with Nationwide Permit General Regional Conditions for the Wilmington District
Regional Conditions
Compliance with Condition
3.5 Requirements for Using
Atlantic will comply with Regional Condition 3.5. Although riprap is not generally planned for use, where
Riprap for Bank Stabilization
used: 1. Atlantic will install filter cloth underneath the riprap; 2. Riprap will be identified on site plans prior to
construction being completed; 3. Riprap will be clean and free from loose dirt or pollutant, except trace
quantities that would not have adverse environmental effect, 4. Riprap will be sized to prevent movement by
natural forces under normal conditions; 5. And where these conditions cannot be met Atlantic will request a
waiver.
3.6 Safe Passage Requirements
Atlantic will comply with Regional Condition 3.6. Although replacement of culverts is not generally
for Culvert Placement
anticipated, where required Atlantic will follow requirements of this regional condition. Since the project
does not cross coastal counties the primary conditions include: proper sizing of culverts based on average
historical low flow and spring flow to minimize potential for altering the stream channel, and constructed in a
manner that minimizes destabilization and head cutting. Where culverts over 48 inches in diameter are
utilized the culvert will be buried at least one foot below the bed of the stream, and other culvers should be
placed on the stream bed or buried to maintain aquatic passage. Where these requirements cannot be met a
waiver will be requested.
3.7 Notification to NCDENR
Atlantic will comply with Regional Condition 3.7 since no permanent impacts are proposed to waterbodies
Shellfish Sanitation Section
within the project area.
3.8 Submerged Aquatic
Atlantic will comply with Regional Condition 3.8 since the project is not located in any of the 20 coastal
Vegetation
counties.
3.9 Sedimentation and Erosion
Atlantic will comply with the required FERC Upland Erosion Control, Revegetation, and Maintenance Plan,
Control Structures and
and the Wetland and Waterbody Construction and Mitigation Procedures, as well as complying with requires
Measures
stormwater permits that will be applied for prior to construction. Erosion and Sediment control plans are
being developed for submittal to appropriate agencies in North Carolina during the spring 2017, and where
necessary copies of these plans will be provided.
3.10 Restoration of Temporary
Atlantic will comply with Regional Condition 3.10 by returning all temporary streambed impacts to pre -
Impacts to Streambeds
construction conditions and contours as soon as practicable. Excavated material from the pipeline trench will
be stockpiled and returned to the trench once the pipeline is installed.
3.11 Restoration of Temporary
Atlantic will comply with Regional Condition 3.11 by returning all temporary stream bank impacts to pre -
Impacts to Stream Banks
construction conditions and contours as soon as practicable. Native seed mixes will be used to revegetate
banks following construction.
3.12 Federal Navigation
Atlantic will comply with Regional Condition 3.12 since the pipeline will be installed below grade and will
Channel Setbacks and Corps
not consist of hardened or permanently fixed structures within the setback area. The Wilmington District
Easements
reviewed the ACP plans for crossing the Cape Fear River and granted authorization to cross (USACE letter is
included in Appendix I).
3.13 Northern Long-eared Bat
Atlantic will comply with Regional Condition 3.13 given Atlantic has coordinated closely with the FWS and
— Endangered Species Act
Atlantic filed the final draft biological assessment with the FERC on January 27, 2017, and a copy also went
Compliance
to the U.S. Fish and Wildlife Service and USACE. As the lead federal agency for authorizing ACP, FERC is
required to coordinate with the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric
Administration, National Marine Fisheries Service to determine whether federally listed endangered or
threatened species or designated critical habitat are found in the vicinity of the ACP, and to evaluate the
potential effects of the proposed actions on those species or critical habitat.
3.14 Work on Eastern Band of
Atlantic will comply with Regional Condition 3.14 since the project does not occur on Eastern Band of
Cherokee Indian Lands
Cherokee Indian Lands
K-1-5

TABLE K-3
Atlantic Coast Pipeline
Compliance with Additional Regional Conditions for Nationwide Permits (NWP 12)
for the Wilmington District
Additional Regional Conditions — NWP #12 — Utility Line Activities
Compliance with Condition
4. 1.1 — Pipeline/utility line construction through jurisdictional waters
Atlantic will comply with Additional Regional Condition 4. 1.1 by
and wetlands will be accomplished utilizing directional drilling/boring
using directional drilling method to the maximum extent practicable.
methods to the maximum extent practicable.
See Section D 1 of the notification materials for a discussion on the
application of directional drilling and its limitations.
4.1.2 — Temporary discharge of excavated or fill material into wetlands
Atlantic will comply with Additional Regional Condition 4.1.2 by
and waters of the United States will be for the absolute minimum
using an approved SPCC plan (Appendix G). No permanent fill
period of time necessary to accomplish the work. Temporary
impacts are proposed to wetlands or waterbodies during mainline
discharges will be fully contained with appropriate erosion control or
pipeline construction. Where access road improvements are
containment methods or otherwise such fills will consist of non-
necessary, impacts will be minimized to the maximum extent
erodible materials.
practicable, and impacts will be kept below the NWP 12 threshold for
each single and complete crossing. Where improvements are made to
access roads, Atlantic will stabilize materials and contain sediment
until stabilized. Where temporary fills material is placed, Atlantic will
work to minimize the duration the fill is left in accordance with NWP
12 and this regional condition.
4.1.3 — The work area authorized by this permit, including temporary
Section B.3.e of the Supplemental Information provides justification
and/or permanent fills, will be minimized to the greatest extent
of using 75 foot corridors through wetlands instead of the 40 feet
practicable. Justification for work corridors exceeding forty (40) feet in
specified in Regional Condition 4.1.3.
width is required and will be based on pipeline diameter and length,
size of equipment required to construct the utility line, and other
construction information deemed necessary to support the request. The
applicant is required to provide this information to the Corps with the
initial notification package.
4.1.4 — Excavated materials shall be returned to the excavated areas
Atlantic will comply with Additional Regional Condition 4.1.4 by
and any remaining materials shall be disposed of in uplands, unless the
returning excavated material to excavated areas, such as the pipeline
Corps authorizes disposal in waters of the United States.
trench, restoring the pre -construction contours, and disposing of
remaining material in uplands.
4.1.5 — In areas where a sub -aqueous utility line is to cross a federally-
Atlantic will comply with Additional Regional Condition 4.1.5 by
maintained channel, (i.e., the Atlantic Intracoastal Waterway
using the directional drilling method to the maximum extent
[AIWW]), the line will be buried at least six (6) feet below the
practicable, specifically at large river crossings with listed species
allowable overdepth of the authorized channel, including all side
concerns or construction feasibility considerations (See Horizontal
slopes. For areas outside federally -maintained channels, sub -aqueous
Directional Drill and waterbody construction sub -sections within
lines must be installed at a minimum depth of two (2) feet below the
Section B.3e in application materials). Atlantic intends to bury the
substrate when such lines might interfere with navigation.
pipeline so that there is five feet of cover or more at waterbody
crossings.
4.1.6 — The minimum clearance for aerial communication lines, or any
Additional Regional Condition 4.1.6 is not applicable to natural gas
lines not transmitting electrical power, will be ten (10) feet above the
pipeline projects.
clearance required for nearby stationary bridges as established by the
U.S. Coast Guard. In the event the U.S. Coast Guard has not
established a bridge clearance, minimum vertical clearances for power
and aerial lines will not be less than required by Section 23, Rule 232,
of the latest revision of the National Electrical Safety Code (ANSI C2).
Clearances will not be less than shown in Table 232-1, Item 7, ANSI
C2.
4.1.7 — The minimum clearance for an aerial line, transmitting
Additional Regional Condition 4.1.7 is not applicable to natural gas
electrical power, is based on the low point of the line under conditions
pipeline projects.
that produce the greatest sag, taking into consideration temperature,
load, wind, length or span and the type of supports.
4.1.8 — On navigable waters of the US, including all federal navigation
Additional Regional Condition 4.1.8 is not applicable to natural gas
projects, where there is no bridge for reference for minimum clearance,
pipeline projects.
the proposed project will need to be reviewed by the US Army Corps
of Engineers in order to determine the minimum clearance between the
line and MHW necessary to protect navigational interests.
K-1-6

TABLE K-3
Atlantic Coast Pipeline
Compliance with Additional Regional Conditions for Nationwide Permits (NWP 12)
for the Wilmington District
Additional Regional Conditions — NWP #12 — Utility Line Activities
Compliance with Condition
4.1.9 — A plan to restore and re -vegetate wetland areas cleared for
Atlantic will comply with Additional Regional Condition 4.1.9 by
construction must be submitted with the required PCN. Cleared
following an approved planting plan for re -vegetating cleared areas.
wetland areas shall be re -vegetated to the maximum extent practicable
No fescue grass will be included in seed mixes. Both the temporarily
with native species of canopy, shrub, and herbaceous species. Fescue
disturbed construction right of way and the permanently maintained
grass shall not be used.
right of way will be reseeded following construction with native
wetland seed mix to help stabilize the wetland areas.
4.1.10 — Any permanently maintained corridor along the utility right of
Atlantic will comply with Additional Regional Condition 4.1.10 by
way within forested wetlands shall be considered a permanent impact.
mitigating temporary impacts on-site through restoration of
A compensatory mitigation plan will be required for all such impacts
preconstruction contours of wetlands and beds and banks of
associated with the requested activity if the activity requires PCN and
waterbodies, and revegetation of wetlands and waterbody banks. For
the cumulative total of permanent forested wetland impacts exceeds
remaining impacts that cannot be mitigated on site, Atlantic has
1/10 acre, unless the District Engineer determines in writing that either
provided a conceptual mitigation plan described in Section D.2, for
some other form of mitigation would be more environmentally
impacts that are not mitigated on site and for conversion impacts on
appropriate or the adverse effects of the proposed activity are minimal.
wetlands.
For permanent forest wetland impacts of 1/10 acre or less, the District
Engineer may determine, on a case-by-case basis that compensatory
mitigation is required to ensure that the activity results in minimal
adverse effects on the aquatic environment.
4. 1.11 —Use of rip -rap or any other engineered structures to stabilize a
Atlantic will comply with Regional Condition 4. 1.11 to the maximum
stream bed should be avoided to the maximum extent practicable. If
extent practicable. Although riprap is not generally planned for use,
riprap stabilization is needed, it should be placed only on the stream
where used: 1. Atlantic will install filter cloth underneath the riprap; 2.
banks, or, if it is necessary to be placed in the stream bed, the finished
Riprap will be identified on site plans prior to construction being
top elevation of the riprap should not exceed that of the original stream
completed; 3. Riprap will be clean and free from loose dirt or
bed.
pollutant, except trace quantities that would not have adverse
environmental effect, 4. Riprap will be sized to prevent movement by
natural forces under normal conditions; 5. And where these conditions
cannot be met Atlantic will request a waiver.
4.1.12 — When directional boring or horizontal directional drilling
Atlantic will comply with Additional Regional Condition 4.1.12. The
(HDD) under waters of the U.S., including wetlands, permittees shall
Horizontal Direction Drill Fluid Monitoring, Operations, and
closely monitor the project for hydraulic fracturing or "fracking." Any
Contingency Plan is included with the PCN submittal as Appendix H.
discharge from hydraulic fracturing or "tracking" into waters of the
U.S., including wetlands, shall be reported to the appropriate Corps
Regulatory Field Office within 48 hours. Restoration and/or
compensatory mitigation may be required as a result from any
unintended discharges.
K-1-7

TABLE K-3 (cont'd)
Atlantic Coast Pipeline
Compliance with Additional Regional Conditions for Nationwide Permits (NWP 12)
for the Wilmington District
Additional Regional Conditions — NWP #12 — Utility Line Activities
Compliance with Condition
4.1.13 For purposes of this NWP, the term utility line does not include
Atlantic acknowledges Additional Regional Condition 4.1.13.
pipes or culverts associated with driveways, roadways, lots, etc.
4.1.14 The permittee shall submit a PCN to the District Engineer prior
Atlantic will comply with Additional Regional Condition 4.1.14 by
to commencing the activity if the activity will involve the discharge of
submitting this PCN and the associated documentation that provides
dredge materials into more than 1/10 acre of wetlands or 150 linear
for avoidance, minimization, and mitigation measures, including plans
feet of stream channel for the construction temporary access fills
for restoration of temporary fills.
and/or temporary road crossings. The PCN must include a restoration
plan that thoroughly describes how all temporary fills will be removed,
describes how pre -project conditions will be restored, and includes a
timetable for all restoration activities.
K-1-8