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HomeMy WebLinkAbout20140957 Ver 2_ACP_July18_FayettevilleHearing_Transcripts_20170811Burdette, Jennifer a From: Alex Wagner <awagner@rogersword.com> Sent: Friday, August 11, 2017 2:30 PM To: Burdette, Jennifer a Subject: ACP July 18 and July 20 public hearing transcripts Attachments: ACP_July20_PublicHearing_Recorder Lcloc; ACP_Julyl8_PublicHearing_Recorder Lcloc Good afternoon, Jennifer. Draft transcripts are attached for both July hearings. Thankyou! -Alex NC DENR ACP July18_PublicHearing_Recorder 1 Anglin: Rev. Jack Anglin McGowan: David McGowan Barnes: Joe Barnes, Jr. Mills: Susan Mills Brown: Rachelle Brown Miner: John Miner Bruce: Ashley Denise Bruce Modde: Douglas Modde Burdette: Jennifer Burdette Nino: Luis Nino Button: Richard Button Nunnery: Robert Nunnery Clark: Donald Clark Osterbrink: Maple Mary Osterbrink Ehrenreich: Hanah Ehrenreich Peril: Tammy Peril Ellis: Christine Ellis Revels: Jordan Rells Endo: Pauline Endo Rodgers: Cary Rogers Geddes: Kim Geddes Rosario: Deanna Rosario Goins: Robie Goins Ross: Ron Ross Green: Virginia Green S. Clark: Sandra Clark Guy: David Guy Saied: Merriam Saied H. Goins: Hannah Goins Schrader: Anne Schrader K. Wood: Keely Wood Scull: Robert Scull Kennedy: Adrienne Kennedy Self. Deb Self L. Modde: Lisa Modde Stephenson: Francine Stephenson Legerton: Rev. Mack Legerton Stewart: Hunter Stewart Locklear: Liam Locklear T. Clark: Tom Clark Long: Jeff Long Wagner: John Wagner Lopez: Felipe Lopez Wood: Nick Wood Lowry: Jameson Lowry Wrenn: Brian Wrenn May: Steven May M/F: Male/Female Speaker 00:00:35 Wrenn: Good evening. [INDISCERNIBLE]. Before we begin, I ask that everyone turn off or silence all cell phones and pagers as a courtesy to all the teachers. My name is Brian Wrenn [ph] and I'm the director of the Division of Water Resources to serve as a hearing officer for this hearing and the hearing on July 201h [ph]. I'm the supervisor of the ecosystem branch of the division central office. NC DENR ACP _July18_PublicHearing_Recorder 1 Page 2 00:01:01 At this time I would like to introduce representatives from the Department of Environmental Quality. Jennifer Burdette [ph] [INDISCERNIBLE]. Carrie [ph] 401 and buffer permitting branch [ph] supervisor; public information officer; Laura Alexander [ph], administrative assistant; Nicki Maher [ph], compliance assistance specialist; Sherry [ph] , administrative assistant; Laura Robertson [ph], environmental specialist. We also have some elected officials in attendance tonight. Martin Lucas [ph] of the North Carolina House of Representatives; Senator Ben Clark [ph], and Representative [ph] Homer Ford [ph]. 00:01:50 This hearing is being held under the authority of Title 15A of North Carolina Administrative Code 02H.0504. In accordance with 15a North Carolina Administrative Code 02H.0503, a public notice for this hearing was published in the Fayetteville Observer, News & Observer, The Rocky Mount Telegram, The Roanoke - Chowan News -Herald, and The Robesonia and The Wilson Times on June 17th, 2017 and the Daily Harold and The Sampson Independent of June 18th, 2017 and posted online and sent by mail to the water quality certification mailing list on June 16th 2017. 00:02:32 A correction to the public notice to correct a typo in the height diameter was posted online on June 19th and issued in the newspapers on June 21" and June 22nd. The purpose of this Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 3 hearing is to obtain public comment from the application for a 401 water quality certification in riparian buffer authorization from Atlantic Coast Pipeline LLC for the Atlantic Coast Pipeline project. This hearing is not a question and answer session with DEQ staff It is an opportunity for us to obtain community feedback on the application. 00:03:12 I will be preparing a written record of these proceedings. For this reason the audio of this hearing is being recorded. Written comment received by 5:00 p.m. on August 19th, 2017 will also be included as part of the record. Written comments may be submitted to the email address or postal address found on the handout available at the registration desk. Equal weight will be given to both written and oral comments. I will now ask Jennifer Burdette from the Division of Water Resources to make a short presentation. 00:03:51 Burdette: Good evening. I work for the Department of Environmental Quality for the Division of Water Resources. The division is reviewing Atlantic Coast Pipeline's application for a Clean Water Act Section 404 water quality certification in the Neuse and Tar - Pamlico River Basin, riparian buffer authorization for the proposed transmission pipeline and supporting infrastructure. 00:04:16 The pipeline is proposed to be located and through North Hampton, Halifax, Nash, Wilson, Johnston, Sampson, Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 4 Cumberland, and Robeson counties in North Carolina. The pipeline is proposed to deliver natural gas from the Appalachian region to markets in Virginia and North Carolina. It would end in North Carolina at North Hampton County as a 42 -inch pipeline to a new compressor station to be located near North Carolina's border with Virginia. A 36 -inch pipeline is proposed to carry the gas from the new compressor station generally along Interstate 95 to Robeson County. Three metering regulating stations, 11 valve sites, and four pig launcher/receivers, which are pipeline spec'ing [ph] tools, are proposed to support operation to the pipeline. 00:05:06 A lateral pipeline is also proposed to connect the new pressure station to the Norfolk, Virginia area. It would run north- northeast for approximately 12 miles in North Carolina before crossing into Virginia. Along this route the pipeline crosses approximately 326 surface waters or water bodies and wetlands. Surface waters include streams, ponds, and the Neuse River. Seven crossings are proposed to be installed underneath rivers and large stream channels listed on the slide using horizontal directional drill method. 00:05:40 This type of installation avoids impacts to the surface water. In the next slide I'll show you what this looks like and briefly explain how it works. Once construction is complete, the ground surface streams and wetlands will be restored as near Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 5 practical to their preconstruction condition. A total of approximately 35,951 linear feet of surface waters and 443 acres of wetlands will be temporarily impacted by construction. Permitting pipes [ph] totaling approximately 766 linear feet of surface waters and 8/10th of an acre of wetlands will result from upgrading farm roads and building new access roads to the pipeline corridor. 00:06:20 Streamlines [ph] operation within the Neuse and Tar - Pamlico river basins are protected by the state. These are also called riparian buffers. Impacts to these areas, adjacent streams, and other surface waters require a buffer authorization. This is a cross-section showing you how pipeline installed using the horizontal directional drill. A drill set up on one side of the water body creates a horizontal pathway for the pipe underneath the water body. Then the assembled pipeline is pulled through the drill pathway to complete the crossing. 00:06:54 This method is proposed for all river crossings except for the Neuse River and large stream channels or those that support protected species. Using this method avoids surface disturbance, riparian tree planning [ph], and in -stream construction. Projects that require a Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers must also receive a 401 water quality certification from the state [INDISCERNIBLE]. Certifications are issued where the division determines that water quality standards Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 6 are met in protection of existing uses—including protection of existing uses. Water quality standards are the culmination [ph] of the various limits on pollutants and criteria in the making of characteristics that are typical of these resources. 00:07:40 Existing uses consists of aquatic life habitat including fishing, wildlife, primary recreations such as swimming, secondary recreation such as wading and boating, agriculture, and water supply of drinking and food processing [ph]. For a project to be issued a certification it must meet the following criteria. The project has no practical alternatives, minimizes adverse impacts to surface waters and wetlands based on consideration of existing topography, vegetation, fish and wildlife resources, and hydrological conditions, the project does not result in the degradation of ground waters or surface waters, does not result in cumulative [ph] impacts based upon past or reasonably anticipated future impacts that cause or will cause a violation of downstream water quality standards, and, finally, provides a replacement for existing uses through mitigation. 00:08:40 An alternative analysis was completed as part of the Federal Energy Regulatory Commission's National Environmental Policy Act review. This included a no -action alternative, alternative energy sources, energy conservation, system alternatives, and two conceptional [ph] alternatives were evaluated, Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 7 an eastern route along I-95—that is the proposed route—and a western route that is located west of Durham [ph]. Also a southern route for the lateral pipeline was evaluated to select a route around the Great Dismal Swamp national wildlife refuge and state park. 00:09:19 ACP [ph] also evaluated several major route alternatives. Initially and based on this developing in the location of receipt and delivery points, engineering and constructability criteria, terrain, and existing land use. Then alternatives were evaluated to avoid or minimize impacts to localized resources and stakeholders which involve mainly conservation easements, culture resource sites [ph], forest areas with avoidance and preference for colocation, protected plants and animals, stakeholder concerns, and surface waters and wetlands. 00:09:58 ACP has also taken steps to minimize impact of construction on surface waters and wetlands. At surface -water crossings they will install temporary bridges to reduce the potential for sediment impacts. They will use methods to work in the dry by routing water around the work area where it's feasible. They have plans for removing fish and other aquatic species from deep -water work areas. After construction, they will use water from municipal sources for testing the pipeline integrity [ph] except for the Tar River and continued [ph] creek crossings. They will restore stream Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 8 beds and banks to as near as practical preexisting conditions after pipeline instillation. 00:10:41 In wetland areas they have limited the width of the construction right-of-way, which I'll show you on the next slide. They have located additional temporary workspaces in uplands [ph] at least 50 feet from wetland boundaries. They will maintain sediment barriers during construction or restore the ground surface to preexisting conditions after pipeline instillation, will reseed the construction corridor with a native seed mix, and will limit [ph] post -construction maintenance of vegetation within the pipeline easement. 00:11:12 This is a drawing showing what the typical right of way within wetlands would look like during construction. And the total wetland construction right-of-way is reduced from 110 feet uplands to 75 feet in wetland. Topsoil will be removed first and kept segregated from the subsoil [ph] below for wetland restoration. The trench will be centered within the 50 -foot permitted easement for the pipeline, leaving 50 feet for construction equipment needed to install the pipeline in the trench and travel along the construction corridor. 00:11:42 As I mentioned earlier, mitigation is required to provide the replacement of existing uses. Surface water and wetland impacts [ph] that will be restored after construction are temporary and do Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 9 not require mitigation for the 401 water quality certification because the impact does not result in a loss of the resource. It's important to note that the Corps of Engineers will require mitigation for permitted conversion of forest wetlands to wetlands without laying [ph] plants within the pipeline easement that will be permanently maintained. 00:12:09 For the 401 certification, mitigation to provide a replacement of existing uses is required for the permanent impacts as a result of access road development. Mitigation requires restoration of streams, wetlands, and buffers somewhere else in the same watershed as the impact. There are three options available to mitigate proposed losses of surface waters, wetlands, and streamside buffers. The applicant can make a payment to a private mitigation bank credits [ph] from completed restoration projects, make a payment to the state program who performs restoration projects. Restoration can also be performed by or on behalf of the applicant directly. ACP plans to use a tiered approach in their mitigation plan. They will purchase mitigation credits from a private mitigation bank where these credits are available. Where credits are not available, ACP will purchase credits from the state program. Lastly ACP may propose to provide mitigation themselves where neither of these options are available to them. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 10 00:13:15 Lastly, I'll outline [ph] the 401 water quality certification process and its timeline. The division Army Corps of Engineers and state and federal resource agencies have been engaging in pre - application consultation with ACP since 2014 to avoid and minimize impacts of surface waters, wetlands, and streamside buffers. In March of this year the department organized a meeting with all the divisions that are responsible for processing permits for the project and conservation groups and other interested stakeholders to hear any concerns. One concern that we heard from several stakeholders was that the project's due process of the individual certification instead of the more abbreviated general certification process. The department adopted this recommendation and planned two hearings to facilitate stakeholder input into the process. 00:14:05 We received the ACP's application for a certification and authorization on May 8th. On June 16th we issued a public notice of the project and announced that two hearings will be held, which was also published in newspapers serving the counties crossed by the project on the 17th and 18th. We issued a correction of the public notice a few days later to correct the typographical errors [ph] in the pipeline reported. 00:14:29 A request for additional information about the project was issued on June 27th. And the information was received on July Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 11 12th. In addition to the hearing tonight, a hearing will also be held in Rocky Mount this Thursday. The public comment period for comment will remain open until August 19th. A decision on the application will be issued by September 18th unless additional information necessary to process the application is needed and not yet available. Written comments can be submitted here tonight, by mail, or by email to the applicable address show. Thank you. Wrenn: That concludes the division's presentation. At this time we will hear from audience members who have signed up to speak. I will call on those who have signed up to speak first. When they have finished, if others in the audience would like to comment they will be given the opportunity to do so, should time allow. To ensure that we hear from all of the there will be a three- minute time limit to provide the comments. If you have registered to speak and wish to give your time to another speaker, you may do so for a maximum of nine minutes. 00:15:44 Sally [ph] will keep track of the time and raise a sign to indicate when you have one minute left, 30 seconds left, and when your time is up. Speakers are encouraged to provide a written copy of their comments. Cross-examination of speakers will not be allowed. However, I may ask questions for clarification. We ask that everyone respect the rights of others to speak without Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 12 interruption. To ensure that everyone has a clear view of the proceedings, we ask that you refrain from waving signs inside the meeting area. If anyone has a sign, we ask that you hold them up now so that we can take photos to include as part of the hearing record. 00:17:18 Thank you. If you have not signed in, please do so to ensure that we have an accurate record of those in attendance tonight. Some logistical information; bathrooms are located in the lobby. The women's restrooms are in the lobby to the left of the signing table. For the men's restroom you will go out the double doors to the left of the signing area up the ramp to the right. And then the entrance to the men's restroom is up there. We have exits either side and in the back. 00:17:50 I will now call on the speakers in the order that they registered. To ensure that our records are accurate, please clearly state your name and, if applicable, the organization you are representing. In addition, we ask that you identify other associations you may have that have bearing on your input tonight. For example, if you were appearing on your own behalf but have obtained information from or provided research to another group that is interested in this matter please indicate so. Thank you for your cooperation. Our first speaker tonight, David Guy [ph]. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 13 00:18:36 Guy: Good evening. My name is David Guy, and this is addressed to the North Carolina Department of Environmental Quality. It has come to my attention that there are a variety of requirements and certifications that the Atlantic Coast Pipeline project needs to get approved before we get into [ph] construction. I want to express my trust and confidence in Duke Energy and its pipeline partners for their commitment to save our waterways. I hope that this agency considers the steps that the energy companies have taken to safely provide clean and reliable energy to our communities in its certification process. As I know your agency understands, oversight [ph] is by a multitude of organizations, previous years, and the U.S. Army Corps of Engineers. Throughout the route planning the ACP project has consulted a variety of other agencies including the Federal Energy Regulatory Commission, the National Oceanic and Atmospheric Administration, the North Carolina Wildlife Division, and the U.S. Fish and Wildlife Service. 00:19:39 The last two organizations, the NC Wildlife Commission and U.S. Fish and Wildlife, were instrumental in the ACP's path to avoid and minimize any rare, threatened, or endangered species. The two agencies oversaw the route way in conjunction with the habitat locations. The project has taken the steps to any habitat that could not be avoided [ph]. I am confident the ACP project is Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 14 working for the betterment of our communities. This clean, reliable energy is just what we need to fuel our growth. However, I think we all understand that the construction of the pipeline does require some excavation to put the pipeline safely in the ground [ph]. It heartens me to know the ACP project partners are conscious to the potential habitat damage. 00:20:24 They have taken the necessary steps to minimize any habitat or species damage and went out of their way to ease pressure on any habitats or species the project could cause [ph]. Their process included the experts of each government field [ph]. When you look at the pipeline proposed route and the evidence needed, it should be to you that the ACP project has taken critical preservation steps; it's not simply going straight across the state [Ph] 00:20:47 Please take into consideration the ACP project commitment to our state's environment and safety during the certification process. Our communities and natural resources we save along with energy future. And my name is David Guy. I'm here on behalf of juston myself. 00:21:03 Wrenn: Thank you, Mr. Guy. Our next speaker is Robert Nunnery [ph]. 00:21:19 Nunnery: My name is Robert Nunnery. I'm a lifelong resident of Cumberland County, and I've recently lived in Robeson County, another county affected by this pipeline [INDISCERNIBLE] Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 15 pipeline. The Atlantic Coast Pipeline comes under scrutiny for many [ph] reasons based on political, environmental, and safety concerns. The pipeline project is not reckless, as numerous safety and environmentally friendly measures would be taken to ensure that the pipeline would work best for its potential. Not only would the pipelines workers and the leadership do their jobs in making this project safe, but it should also be noted that pipelines in general are significantly safer to transport national gas than any other means such as highway, rail, and water. 00:22:07 For the Atlantic Coast Pipeline itself, the environmental safety would also be carefully attended to. The ACP would provide an environmental [ph] inspector on the projects at all time during the construction with the authority to stop work. In addition, FDRC while inspector is on site during construction. In addition, hose construction inspections will continue until the right of way is stabilized. 00:22:33 The overall design, construction, and operation of the pipeline exceeds federal compliance and regulations of natural resources, historic sites, and ecosystems. Attacking the pipeline for environmental and safety reasons seems ignorant at best and the public should know what has actually been outlined for the pipeline. The demand for natural gas in our state is something that makes the pipeline necessary and, if done right, environmentally Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 16 with the correct safety standards it simple becomes a no-brainer. Thank you. 00:23:05 Wrenn: Thank you, Mr. Nunnery. Our next speaker is Francine Stephenson [ph]. 00:23:18 Stephenson: Hello, I'm Francine Stephenson with No Pipeline Johnston County. I'm a landowner in Johnston County. And our organization is under the umbrella of the Blue Ridge Environmental Defense League. The land that I'm supposed to sacrifice to the proposed Atlantic Coast Pipeline has no wetlands or streams, just an irrigation pond near the proposed route. However, there is an artesian water source near or in it in the areas to be crossed and it's located very near the surface [ph]. 00:23:50 It concerns me that this underground stream could be disturbed by the pipeline. Even greater is my concern for the general destruction of our air, earth, and water in Eastern North Carolina, as the construction process cuts through the streams and rivers that provide our drinking water and as the inevitable gas leaks pollute all these resources. 00:24:14 Most of the major rivers in Eastern North Carolina are to be traversed. This is a major environmental impact. We do not often experience disruptions to so many rivers at once. That environmental insult would introduce the short-term potential for pollution and destruction of plants and wildlife as well as harm to Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 17 humans. The long-term consequences are potential pollution by escaped methane and other toxins into the water, soil, and air. 00:24:46 All natural gas pipelines leak, and there is a lack of agreement and enforcement of the maximum amount of leakage permitted. Even a minimal percentage of leakage at the volume to be piped through daily will devastate the environment of Johnston County and the eastern part of North Carolina, not to mention the significant contribution to global warming. 00:25:10 I did not see hurricanes and floods addressed in the draft environmental impact statement for the ACP. What an oversight, since Johnston County has had two hundred -year floods in the last few years [ph]. As the result of Hurricane Matthew, roads washed out and tile [ph] was removed and destroyed by raging waters in many places in the county including areas through which the pipeline is planned. If floodwaters can wash out asphalt, concrete, and destroy and reduce the what will happen to steel pipes carrying methane gas under tremendously high pressure? 00:25:49 I hope the Division of Water Quality will raise the right questions about flooding issues relative to the pipeline. It's a tragedy that thinner, lower -quality pipelines can be used in the rural areas like ours, areas that have been called sacrifice [ph] zones. I am trusting that the North Carolina Division of Water Resources will hold the ACP responsible for every single incurred Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 18 disturbance of our community and its existing ecosystems and water quality. Thank you. [APPLAUSE] 00:26:31 Wrenn: The next speaker is Richard Button [ph]. 00:26:42 Button: Thank you. Good evening. My name is Richard Button, and I am speaking in favor of the Atlantic Coast Pipeline. We use much energy and we need an abundance of low cost energy to fuel a robust economy. If we don't use what is nearby, it will come from somewhere else. I used to work for a company that designed and produced a product that was used overseas in the Mid East to compress natural gas and send it to the United States. We were buying the extra needed gas from a foreign nation. 00:27:28 Now the U.S. is producing natural gas in quantity that we are able to sell in and outside of our country. We need to move that product to points of use, like in Cumberland County, safely and cost effectively. The pipeline will accomplish that, and I am in support of using that means of transporting as opposed to other means such as rail or truck, which have a higher rate of safety issues. 00:28:04 I grew up in Iowa, and when I was nine or 10 years oldI don't remember the exact—when a natural gas pipeline was put through my uncle's farmland. And almost 60 years later there has been no issues related to any of the supposed catastrophic fears that many people are concerned about. And unless—and I'm sure Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP_JulyI8 PublicHearing_Recorder I Page 19 that most you in the DEQ understand our country is traversed with thousands and hundreds of thousands of miles of pipeline with minimal safety issues. So I stand in support of the Atlantic Coast Pipeline. 00:28:56 Wrenn: Thank you, Mr. Button. [APPLAUSE] Our next speaker is Susan Mills [ph]. 00:29:17 Mills: Good evening. My name is Susan Mills, and I am here to express my support this project. As a resident of Cumberland County and a teacher, I support the pipeline because it provides safe energy, promotes energy independent, and will provide badly needed jobs for my country—my county and region. The Atlantic Coast Pipeline is a crucial infrastructure project for North Carolina. We need the ACP because North Carolina's public utilities need additional supplies of natural gas to meet the growing energy needs of consumers. Not to mention, the ACP is also a safer means of transporting natural gas compared to highway, rail, and water. 00:30:03 This project has had nearly three years of review and input by numerous federal, state, and local bodies. Burke [ph] and other agencies have carefully analyzed the project for potential environmental impacts. The ACP partners have submitted tens of thousands of pages in the forms of studies and documents. They have been transparent every step of the way. Numerous forums have been held on this issue over the past three years. Everyone Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 20 has had an opportunity to participate in being heard, and as a teacher it comforts me to know that my students may have an opportunity for work as the result of the pipeline. 00:30:46 Finally, I want to speak as a wife and a mother. Nothing, absolutely nothing, is more important to me than my family. Under no conditions would I support something that I felt was remotely unsafe or harmful to my family. I've heard from all sides the past three years during multiple public forums. I have come to the conclusion that this project is safe. I trust the experts and I trust the process. It is now time to move forward. Thank you. [APPLAUSE] 00:31:28 Wrenn: Our next speaker is Pauline Endo [ph]. 00:31:40 Endo: Mr. Wrenn, I am here testifying on my own behalf, but I am a very active volunteer in the Cape Fear group of the Sierra Club. My name is Pauline Endo. I live in Wilmington, and like many of the residents of New Hannover County I am hardwired to investigate threats to the Cape Fear River and, by extension, potential threats to the hydrology of the entire coastal plane. 00:32:06 North Carolina is drowning in degraded waters, pollution from hog farms, chicken processing plants, flooding from rain events like Hurricane Matthew, sedimentation caused by clear - cutting forests for wood products, and now the discovery of the chemical GenX of the water supplies of New Hanover and Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 21 Brunswick County. What is next? I trust that the department of water resources will act on the following points to prevent a few of the many problems that the Atlantic Coast Pipeline presents for water resources in the coastal plain. 00:32:41 Number one, the Department of Environmental Quality has not received a complete sedimentation and erosion plan. Downstream water quality can't be evaluated without a plan to diffuse flow over disturbed buffer areas. Number two, primary nursery areas for fish and crustacean species in the Cape Fear, Roanoke, and Neuse Rivers will be affected by the pipeline. More details of impacts on the endangered freshwater mussels should be required. Three, the recent [ph] from Hurricane Matthew was previously mentioned makes it imperative that structures necessary for operation of the pipeline be built outside the I00 -year floodplain, not on the floodplain as now planned. Four, how do you [ph] follow the pollution of the private wells close to ash ponds at the Duke power Sutton [ph] power plant near Wilmington and necessary households to waterlines in Wilmington, the utmost concern should be given to wells within a half mile of the Atlantic Coast Pipeline. The proposed 150 -foot buffer between work sites and wells is not acceptable. 00:33:58 In closing, I ask the Division of Water Resources not to grant a permit for the Atlantic Coast Pipeline. The coastal plain of Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 22 North Carolina abundantly endowed with a forest and the rainfall for agriculture, fresh and saltwater estuaries teeming with fish, and the scenic beauty of beaches is now the besieged by interest that willfully disregard the most lavish 21" century resources here on the coastal plain which is solar and wind energy, sources that have began to make a positive impact on the economy of the coastal plain and are our best hope to combat climate change. 00:34:41 The Atlantic Coast Pipeline is one more obstacle to local, community -centered, renewable energy, which is the only safe energy policy for the 21" century. Thank you. [APPLAUSE] M: [INDISCERNIBLE]. Our next speaker is Donald Clark [ph]. 00:35:13 Clark: Well, first of all I'd like to say I prepared a statement. In the last 30 minutes [INDISCERNIBLE] and Duke and Dominion from the very beginning, the very first day they came they said it was coming across my northeast corner of the property. They go to the northwest corner. The surveyors come out; you don't even know who they are; you don't even know what they're doing there; you hadn't been told why they're there. When you approach them, they have no nametag on. I know we're supposed to think about water, but it's more than water. You've got to be truthful with the people if you want to get something from them [ph]. If you earn their trust, they will give it to you. You don't have to take it from them, through eminent domain. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 23 00:35:59 They've been very untrustworthy with a lot of our landowners. Just like this article in the paper Saturday. This is the reason I changed my speaking tonight. I just can't understand how you can your project says it's 766 linear feet [ph]. That's strange; 0.8 acres, less than an acre of wetlands. That second paragraph [ph], this says it will temporarily impact 36,000 temporarily impact 454 acres. There's a big difference in 766 and 36,000. Just go ahead and be truthful with us. Let us know the truth. Tell us the truth from the beginning. 00:36:54 And I will just ask you to not just permit it until they get their acts together. They don't even act like they know what they're doing really [ph]. There's another article in the paper [INDISCERNIBLE] didn't even bring it with me [ph]. But Duke is preaching solar [ph], they're preaching wind, but yet they're wanting to put this pipeline in the ground. You can talk to gas executives and they will tell you that one reason they're putting this pipe in the ground is that 14% return they're going to get on the pipe. M: Preach [ph]. 00:37:24 M: If they're putting it in the ground to make their money and as far as people being able to hook up to it, local people can't hook up to it. And as far as jobs, Duke and Dominion's own study stated it Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 24 would only create 18 permanent jobs in North Carolina. So what is the truth? M: Preach. M: Just tell us the truth. Thank you. [APPLAUSE] [CHEERS] 00:38:01 Wrenn: Our next speaker is Sandra Clark [ph]. S. Clark: Good evening. My name is Sandra Clark. I live in North Carolina, and I am a retired teacher of 30 years. And I lived to tell about it. [LAUGHTER] I am here because I am very concerned about the safety of our drinking water and the recreational water. I can speak of a canoeing trip that I enjoyed on the Cape Fear River many years ago. It was a thrilling and fun - filled memory that began on the Cape Fear River and it ended in Erwin. 00:38:41 I want my grandchildren to have the opportunity to enjoy clean water. Water is so vital to all important life experiences. The problem that concerns me about the proposed Atlantic Coast Pipeline is the toxins and harmful chemicals can and will leak into the water. And they will leak into the water supplies. This automatically poses a threat to our families, neighbors, and friends who live in our community that surround the Cape Fear River. 00:39:17 When Hurricane Matthew hit our area, we saw the destruction and how water supplies were threatened. People were desperate for clean water. And you know what? We are still Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 25 desperate for clean water. [APPLAUSE] The urgency of this problem that Duke and Dominion haven't even cleaned up the coal ash problem. [APPLAUSE] M: They ain't going to. 00:39:38 S. Clark: So they are brazen in their approach to make the public think that the toxins in the pipeline, that they won't leak in the water. I can't ignoreI was reading an article. I can't ignore the facts. And I appreciate the article written by Jeff Thompson [ph] in The Up and Coming Weekly, the News Digest [ph]. He shared that the DEQ ran a test for the Chemours [ph] facility in Fayetteville and they found GenX in the wastewater in which the company is now putting into temporary storage tanks. 00:40:12 The unregulated chemical has been discharged into the Cape Fear River for past years. For years, GenX did not have to meet any requirements to keep it out of the supply of drinking water. Imagine that. Thank you DEQ for acting on the citizens' behalf that has been neglected so long. I really appreciate that, because if you don't look out for us there's no one that's going to look out for us. So I appreciate that fact. 00:40:42 We must keep our water supply clean. The solution, we must clean up our waterways that have been polluted and restore the health of our community with water that is safe enough to drink and swim in. I appeal to you, do not give the proposed Atlantic Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 26 Coast Pipeline the chance to add more toxins into an already polluted Cape Fear River system. We want to help the future children to be safe and enjoy the Cape Fear River system streams to enjoy for life. 00:41:19 Thank you to those who have come out for the support. We the people of North Carolina are the protectors of the water for the future generations. They deserve to have the clean water to drink and enjoy the recreational waterways. Thank you. [APPLAUSE] Wrenn: Our next speaker is Robert Scull [ph]. Scull: My name 00:41:55 [TECHNICAL COMMENTS] 00:42:09 Scull: My name is Robert Scull. I live in Cary, North Carolina. Thank you for the opportunity to speak in support of water quality here in our state. I'm a retired history teacher at Craven Community College. Currently I serve as co-chair of the North Carolina Sierra Club outings committee. And I also lead cleanups along the shoreline of Lake Jordan. I've led over 30 outings for the Sierra Club over the past few years, many of which have been on the rivers and creeks in Eastern North Carolina. 00:42:43 A few years ago my wife and I kayaked the 180 miles down the Neuse from Raleigh to New Bern and we saw the impact of some of the mistakes that have been made in North Carolina in Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 27 the past. Despite irresponsible, unpunished environmental abuses, North Carolina is still blessed with many beautiful rivers and streams. Now, I would like to see less pollution of our rivers and streams rather than more. I also care about the quality of our drinking water. The cost of healthcare insurance for all of us goes up each time another person falls victim to air or water pollution due to the negligence on the part of privileged corporate citizens. 00:43:25 I would not mind an increase in my utility bill if it were used to clean up the coal ash leaks that have already contaminated drinking water. What I really dislike is having to pay more money to do more damage so that absentee stockholders and aggressive construction firms can profit from a bad idea. It also bothers me that the stockholders are guaranteed a profit whether or not Duke makes a good business decision. 00:43:54 There was a time in which the Sierra Club actually saw natural gas as a less harmful alternative to coal. But we now know that the long-term impact of natural gas may be just as bad as coal because of the impact on climate and the threat of sea -level rise, which of course is not good for real estate values and it's not good for homeowner insurance policies either. This pipeline is not needed. Demand for energy in North Carolina has been essentially flat for years due to increased energy efficiency and also because we have renewable energies coming into the state, especially solar. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 28 00:44:38 North Carolina is second only to California in solar energy production today, and it has a greater potential for offshore wind energy than any other state on the East Coast. I would not mind an increase in my utility bill to construct new infrastructure to support solar or wind, but absolutely oppose more infrastructure to support a harmful industry. The purpose in studying the past is to avoid making the same kind of mistakes over and over again. Thank you for the opportunity to be heard, and thanks to all the people who have turned out tonight, and thanks for the Division of Water Quality being here to let us make our statements. Thank you. [APPLAUSE] Wrenn: Our next speaker is Anne Schrader [ph]. 00:45:42 Schrader: My name is Anne Schrader, and I'm a business owner and resident of Fayetteville. I'm thankful for this opportunity to speak against Duke Energy's proposed Atlantic pipeline and especially grateful to be surrounded by concerned citizens who oppose it as well. Despite this, the majority of citizens of our beloved state are either not aware of this proposed pipeline or have not been given their right to full disclosure by being fully informed about the detrimental impact it will have on citizen and environmental health and wellbeing. 00:46:12 I have three points for this particular forum this evening. First, at a time when we are collectively faced with the real facts of Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 29 global warming and man-made environmental degradation caused in many ways by an aggressive and money -driven, fossil -fuel industry, our beloved state of North Carolina does not need one of our nation's most expensive and longest pipelines to travers and clear-cut its way through air purifying Blue Ridge forests, decimate our wildlife and their precious habitat, dynamite and suffocate our wetlands and streams, irrevocably poison our rivers and drinking water, and seismic blast, drill, and destroy our previous Atlantic Ocean already filled with plastic, garbage, and acidification caused by man-made global warming. 00:47:04 Second, Duke has not demonstrated that its unnecessary toxic pipeline will not harm, pollute, and further destroy the water quality of these streams, rivers, and wetlands in our beloved state. Duke has not because it cannot, as the very nature of these pipelines leak toxic methane into the atmosphere, explode and damage lives and property, and leak toxic chemicals into the waterways. However, Duke can and has already demonstrated that they harm waterways used for public use and survival by dumping coal ash known to cause cancer into our beloved state's historical Cape Fear River. And a legal indication of a person's or entity's future behavior is based on their past behavior. 00:47:58 Third, North Carolina does not need more toxic fuel pipelines to lock our state into global -warming infrastructure for Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 30 the next 30 years, if our planet survives that long. When we are already leaders in the nation alongside California in renewable energy, boasting over 200 renewable businesses and growing. The solution, we are already proud leaders in renewable energy now. We are already blessed with free and abundant solar, wind, and tidal energy now. We must move swiftly to renewable, healthy, sustainable resources now. We have the means. We have the facts. We have the resources, and we have the jobs. Why wait until we polluted our air, water, and soil all used for human survival? If not now when? And if not you, the policy makers, who? Thank you. [APPLAUSE] 00:49:06 Wrenn: Our next speaker is Virginia Green [ph]. 00:49:16 Green: My name is Virginia Green. I'm from Cumberland County Caring Voices, and I'm speaking for myself. I have two property tracts that the pipeline is going through. The biggest section of the property is wetlands. We have a Carolina bay, water bay. They're going straight through that. We have animals; we have birds that migrate in there. We have people that surround this area with homes with water wells, and these water wells are within just a few hundred feet of this pipeline. 00:49:51 I use my land for the Wounded Warriors and their children [ph] to hunt on. So what's going to happen to all the animals when they go down there with the pipelines and run them off? And they Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 31 also have a property that adjoins my land that they have a picnic area. They have a pond, and they have climbing walls. They have berms [ph] for the kids to practice target practice. They have a lot of things, picnic areas, where they have cookouts. And they use it. They have put tree stands on my land. They provide guns and stuff, people with no hands, they provide them with that to where they are able to shoot. They can teach their children to shoot on the property. So what are they going to do? Run our veterans off of that too? And run the animals off with contaminated water? What about the people? There's houses within a few hundred feet of this wetland property they're going trough, 1,700 feet of it. 00:50:48 So I would appreciate that you turn these people down and keep the property safe for our people to drink water. And the Cape Fear River and everyone else needs renewable energy, and the pipelines will not serve us, the public people. It will be sold to somebody else. Thank you for your time. Thank you. [APPLAUSE] Wrenn: The next speaker is Reverend Jack Anglin [ph]. 00:51:28 Anglin: Greetings. I'm delighted to be here to have a chance to voice my opinion against this crazy thing that's proposed. I've lived in Eastern North Carolina and served churches in Lenoir County and Johnston County. I've known farmers, businesspeople from the coast to the mountains. I know the love the people have for this Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 32 land, and I've enjoyed it myself I've floated the rivers, the streams, love the beach, any water opportunities are great with me. 00:52:04 The idea for taking such a chance to risk ruining such things in any way, for this, when we live in an age when things are changing dramatically, it's like putting up a telegraph cable somewhere. You know? It doesn't make sense. We have possibilities that are changing it. We don't know what will happen in the next 10 years with people developing new technologies and new things all the time. I grew up in Pittsburgh, came down to North Carolina in '86. When I was a young man I worked in a steel mill. The steel mill was in Pittsburgh right near the city on the river. It was a massive facility. I learned a lot of things there. 00:52:53 I got to see organized labor in action there and how it's now killed the mill, how jobs was something we talked severely about, and yet there are no jobs in the mill anymore. That mill was gone, completely gone, and the only reason it's gone is because it's so close to the downtown area. But it was miles and miles of mill, cook production, strip facilities, blast furnaces, electric furnaces. It's all gone because it is valuable property. But if it wasn't valuable property it would sit there and be rusting because nobody in business cares about things when they've used them up; the let them die; they let them rot; they let them go. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 33 00:53:40 I was just on Saint Croix [ph]. There's a beautiful island with a refinery. For God's sakes, how does a refinery end up on the island of Saint Croix? And that refinery is now shut down except for pumping gasoline in which some day is going to ruin the coral. It's leaching all kinds of poison into the earth, into the water. They're not going to do anything about it. They can't do anything about it. 00:54:07 I look down the road to the future if this thing were to be built. Hopefully it won't, but way down the road. What happens when it's rotting and polluting and continuing its poisoning of the earth? What happens when people have walked away from it, when technology is developed in such a way that we don't need gas like this anymore, which is really today? What happens when we just turn our backs and walk away on it? We can't do that. Thank you. [APPLAUSE] 00:54:51 Wrenn: Our next speaker is Ron Ross [ph]. 00:54:57 Ross: Hi, I'm Ron Ross. I live in Cumberland County all of my life, and I've had the pleasure of working in Robeson County for the last 21 years. I'm for the pipeline. I wasn't going to be here tonight, but I read the paper and it got me thinking when I read the paper—you know, I think it was today, "Seizing our land, raising our utility bills, polluting our air and water." I got to thinking about when I was a kid and they were putting 95 through North Carolina. And I Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 34 heard people talking about how it was going to—they were going to seize our land, pollute our air, pollute our water. My father actually knew a farmer who it went through his land at a time. And he was complaining up until they build the 95. And then he started taking his stuff to market. 00:55:44 I don't think we can do anything without putting our without involving the environment because if you build a house on an acre of land, you've touched the environment. Is the pipeline perfect? Can't be perfect. Nothing is perfect. When they put 95 down through North Carolina down to the coast, when they—I'll guarantee you there's not a person in this room who hadn't been down 95. And I remember as a kid we drove from Fayetteville to Greenville, and it only took us a couple of hours to get there. And it was a two-lane highway. Now when they put down 95 they did have to take land. And it did have an impact on our environment. And if you want to be honest with you, it still has an impact on our environment every day because cars are driving, they're leaking oil, stuff like that. 00:56:36 So I've heard all these speakers tonight. And I understand. The good thing about America is you get to express your opinion. That's the great thing about America. And a lot of times rather than saying you can't do it, you look at it and say, "Well, how can we improve on it, or how can we do it?" Yes, it's going to have Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 35 some impact on our environment. But the thing of it is thoughI was thinking also when they were talking and I did a little research because I'm representing myself. You know, in Germany right now their energy cost is three times higher than ours. And, by the way, I'm for all types of energy. If you name it, I'm for it. I think we should try to use all the energy we can. 00:57:21 So that's the good thing about America, we all get to speak and express our opinion. And 30 years from now when they do do the pipeline, we'll be talking about how they can improve on it. thank you. [APPLAUSE] Wrenn: The next speaker is Nick Wood [ph]. 00:57:55 Wood: Thank you. My name is Nick Wood. I am tonight speaking for myself, though I am a staff person with Appalachian Voices. I want to thank you all for being here at the state DEQ. I've heard tonight about people speaking out and the opportunity to say their piece, and I think a lot of people would say here this is the first public hearing that we have had where people can express their opinions to government agencies in public for the world to see. 00:58:21 FERC, the Federal Energy Regulatory Commission, who folks have heard about that has been in charge of the process on the federal level, calls people into a room and lets them testify individually. And so I just want to express that, because there's a lot of opinions and facts. I've heard a few opinions from those I Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 36 don't think agree with me as well as facts need to be considered. So I just want to address a few things. 00:58:43 And number one is the need for this pipeline. I've heard again and again that we have a need for energy, that we must maintain energy independence. And I think about this great God- given ball of fire up there that we've figured out a way to harness and this great, amazing wind that we have figured out a way to harness. And, to me, that's more independent than gas coming 600 miles from West Virginia in a pipeline. We have also heard a lot about how this is to lower our energy rates. And, again, as folks have said, past practice is the best indicator of future performance. 00:59:18 Duke Energy has a business practice of building plants and building infrastructure and buying toxic fuel and then raising our rates, the worst of which go on residential customers, otherwise known as people and small businesses. And so because of a lot of reasons they've got to move on from coal, and I've hard coal ash mentioned. And I'll say this affects me. Ever since the spill happened and I learned about coal ash, I've been working all over this state and met hundreds of people water poisoned, lost love ones, and a company that tried to hide it. And so down here a lot we've been hearing from Dominion, but we're not hearing as much for Duke Energy, and that's who this is. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 37 00:59:55 They're coming in for a rate hike, coming forward around coal ash. And they would get a rate return because the more they can spend the more they can charge us. So they have to move on from coal. For a lot of reasons I won't get into they have to move on from nuclear. So they want to double down with gas and lock us into fossil fuels for another generation. Because once, if they're able to build it, they do they're going to charge us for it, and they're going to keep it. In the meantime it's going to damage our water, it's going to damage our wetlands. All these toxins that were naturally filtered out are now going to filter in. And we just don't have time as a state to deal with this. 01:00:30 We are in a state of emergency. You've heard the people that said this is safer overall. But what if you lived right next-door to it? What if you did? So we don't need this. It's not going to save us any money. It hasn't been said, but it's not going to be creating any jobs. And, again, I just want to thank you all for being here, for doing this investigation because you really are our line of defense for the state of North Carolina, and we appreciate you being here and looking into these things. So thank you very much. [APPLAUSE] Wrenn: The next speaker is Reverend Mack Legerton [ph]. 01:01:14 Legerton: Good evening. I'm Reverend Mack Legerton, and I'm proud and thankful to be a part of many organizations, in fact, all Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 38 organizations that promote and respect and honor our people and the places that we live and love. The proposed Atlantic pipeline is applying to travel through the poorest, most environmentally sensitive, and racial diverse region of our state. I'd like to say that again. The poorest, most environmentally sensitive, and racially diverse region of our state. 01 :01:48 If I were a corporate leader in a utility company and I had a major proposal like this, the last place I would take it would be the most environmentally sensitive place in a state or a nation. This community, this region is like a sponge. And to take a pipeline all the way down through Eastern North Carolina with highly toxic alien substance, chemical and place it in the middle of a sponge is not only irresponsible, it's suicidal. 01 :02:24 So in terms of both the environmental protection of our water, which is your responsibility, our land, our farms, our home, and our air, and the public health and safety, this proposed methane gas—there's nothing natural about it—its 90% methane gas pipeline fails to meet local, state, and federal standards. In our counties, three of four standards for a permit, if fails three of those four. It will harm the public health and safety. It will lower our taxes, and it does not fit into the cultural framework of our communities. Not just the toxicity but the structures, the towers, it Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 39 all does not fit. It is not a part of our rural community. So why should we bear it? 01:03:17 If these companies really wanted to protect water quality in North Carolina they would not and could not have chosen Eastern North Carolina as a site for it. F: Mm-hmm. 01:03:27 Legerton: In terms of cumulative impact of the proposed on water quality, the impact is not only the pipeline but all of the projected pipelines that will carry new, highly -dangerous, and harmful methane gas all across Eastern North Carolina all the way to the coast. It will also be a major impact when you include all the projected gas -powered plants that Duke and Dominion plan to build along this pipeline route. All of this impact must be included when you assess the impact on water quality. And when all these proposed developments are considered, it is my hope that the North Carolina Department of Environmental Quality will deny the permit to operate based on the undue harm and risk to our cherished water quality in Eastern North Carolina. It is irresponsible for a county, a state, or a nation to force consumers to bear the burden of a major rate hike and to put their communities at risk and their drinking water at risk for a product that is not even needed to meet our present and future energy needs. We all know renewables are Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 40 ready and can provide the needed and safe energy for our communities and our people. Thank you. [APPLAUSE] Wrenn: Our next speaker is Rachelle Brown [ph]. 01:05:13 Brown: Good evening. My name is Rachelle Brown, and I'm speaking on behalf of myself. I was born on Fort Bragg but, being a military child, grew up elsewhere. I spent many years as a child and young adult living in the Chesapeake Bay watershed where I've been involved in the efforts of several communities to protect themselves from the harms that have resulted from the misconduct of Dominion Energy, its representatives, and its contractors. I would like to draw on my experience in observing Dominion Energy, the largest shareholder in the Atlantic Coast Pipeline consortium, to make the case that it cannot and should not be trusted to be a good steward of North Carolina's precious water resources. 01:05:50 As part of the Allegheny Storage Project, Dominion forced a 16,000 -horsepower compressor station on the town of Myersville [ph], suing the town, population 1,626, when the mayor and town council refused to amend the local comprehensive plan to accommodate the station. Information obtained through an open records request submitted to the town by Myersville Citizens for a Rural Community, which was folded into against fracking recently, revealed problems during construction that Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 41 included utilization of improper alternative site access, which may have resulted in disruption to soft soils and subsequent damage, indication of stream or wetland crossings without permits, potential violations of permits with regards to rights-of-way and limits of disturbance, an indication of improper and lack of protective fencing. 01:06:37 Despite repeated assurances by Dominion that they had no plans to upgrade the facility, just weeks after the station was placed into service on November 1st, 2014 Dominion announced the Leidy South Project, for which it proposes doubling the Myersville compressor station capacity. Moving east to the Chesapeake Bay to Dominion's Cope Point liquefied natural gas terminal currently under construction, the pattern continues. In its original application for stream -crossing permits related to the project, Dominion told the Maryland Department of the Environment that it would return an offsite area used during construction to a natural state. A few months ago Dominion applied for a modification to the permit to leave the area permanently paved with metal buildings upon it. 01:07:19 The project will permanently impact 7,333 square feet of forested, non -tidal wetlands; 9,413 square feet of the 25 -foot non - tidal wetlands buffer; and 102 linear feet of stream. This is only a small selection of what communities and regulators have Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 42 encountered in dealing with Dominion. They may seem small in and of themselves, but they add up to create not only a cumulative environmental impact but a warning to anyone who may find themselves confronted with a dominion project. I urge the North Carolina Department of Environmental Quality to approach the permit application for the Atlantic Coast Pipeline with this in mind and that I hope your ultimate decision will be to reject it. Thank you for the opportunity to comment. [APPLAUSE] 01:08:10 Wrenn: Our next speaker is Deanna Roseria [ph]. 01:08:19 Rosario: Good evening. My name is Deanna Rosario. I live in the tiny strip of county left between Hope Mills and Fayetteville, so this does not actually affect me personally. However, I am an environmental -management degree holder from the University of Maryland and, of course, that means that everything having to do with the environment and its management affects me personally. I'm also a former employee of Sustainable Sandhills [ph] and still get called a lot from them. 01:08:47 While many speakers tonight will address the environmental impact of the Atlantic Coast Pipeline, I would like to talk a bit about the economic impacts that may occur to downstream communities if the current construction method is approved. First, by blasting and digging up the wetlands and streams along the route, the way flooding is managed by the Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 43 watershed will change [ph]. Sorry, I'm very nervous. Increased erosion and sedimentation, both during and after construction, will allow floodwaters from our tropical storms and regular thunderstorms to move downstream faster, thus creating more damage and more cost to the communities' agriculture and industry between the pipeline and the coast. 01:09:25 Second, increased sedimentation and the pollution that goes with it from these upstream activities will increase the cost of treating that water to make it safe to drink for everyone downstream. The Cape Fear is a prime example of this. By the time it gets to Wilmington it takes a lot more to make it drinkable than Fayetteville has to deal with. We have cleaner. 01:09:46 Third, the changes in water flow and sedimentation as well as the watershed as a whole will negatively impact the sports industry. As increased sediments cover plants, streambeds, and other habitats in the sounds and estuaries, the prey -fish that form the foundation of the sports [ph] fishing industry will disappear or could disappear. Without prey, the swordfish will leave to find better hunting grounds. That will seriously impact the coastal economies that depend on tourists seeking these experiences. 01:10:22 What is the solution? Of course the favored solution for many is not to build the ACP at all. That's probably not going to happen. Failing [ph] that outcome I would like to see the pipeline Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 44 elevated or otherwise removed from impacting the wetlands as severely as digging would. A prime example of this is the Alaska Pipeline. It's elevated above the tundra to keep that sensitive ecosystem from being destroyed. This also creates a less invasive footprint and allows for repairs and maintenance that does not involve digging into the watersheds even more. This also means that at the end of the pipeline's usable life it can be removed more easily without further damage to the watershed and the aquifers that so many depend on. 01:11:08 I will leave you all with one very important question. If downstream economies are damaged by this pipeline, who will be on the hook for compensation and repair? Will it be the taxpayers or will it be the pipeline owners? [APPLAUSE] M: [INDISCERNIBLE] 01:11:30 Wrenn: Our next speaker is Jordan Rells [ph]. Revels: My name is Jordan Rells and I am a 19 -year-old college student from the University North Carolina at Pembroke. I come here as a concerned student and longtime resident of Robeson County which is one of the eight counties in which part of the proposed Atlantic Coast Pipeline will pass through. Of the many issues the proposed pipeline will bring, I wish to bring to attention both the unethical pathing [ph] and environmental concerns that this pipeline would impose upon the communities along its route. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 45 01:12:16 The proposed ACP will be disproportionately crossing waterways of the most racially diverse and environmentally vulnerable areas in all of North Carolina, more specifically black and Native American communities, many of which rely on the local water supplies for their livelihood. Many of these communities have been unfairly informed and consulted on this issue or in some cases not consulted at all. More particularly, the state recognized tribes that are located along the proposed route have yet to be appropriately consulted on this issue. And they, like many other organizations, communities, have been given the unlikely promise of safety for their communities, economy, environment, and future. 01:13:06 Sustenance [ph] fishing is an important part of the Robeson County community, yet the impacts of proposed Atlantic Coast Pipeline on native fish populations and other aquatic organisms within the food chain and its biological integrity have not been sufficiently evaluated. It is particularly concerning that the proposed Atlantic Coast Pipeline will disproportionately impact poor people, people of color, and indigenous people in Robeson County. The likely impacts of pipeline construction and operation on local groundwater nor measures to prevent these impacts to our well water have not been identified or planned. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 46 01:13:43 The proposed pipeline is not discriminating against who it harms, but I cannot say the same for the companies that are attempting to construct it. I thank you for this opportunity to allow myself and others to voice our concerns, and I urgeno, I plead with you that you have the concerns of myself and others all placed into consideration during the review for the permitting of the Atlantic Coast Pipeline. Thank you very much. [APPLAUSE] [CHEERS] 01:14:18 Wrenn: Our next speaker is Liam Locklear [ph]. Locklear: Hello. My name is Liam Locklear. I'm a sophomore engineering student at NC State University and the president of NC State's American Indian Science and Engineering Society chapter. As a North Carolinian and member of the Lumbee tribe of North Carolina I have numerous concerns about the construction of this pipeline, mainly how this pipeline would affect the water supplies in the underserved communities targeted by this pipeline throughout the state. 01:14:56 As many speakers before me have stated, this unnecessary pipeline will monumentally affect our rivers as well as the groundwater and forests in regions it would go through. The communities that this proposed pipeline goes through have not been properly consulted on all the effects that it will have. Duke Energy and Dominion can meet their power needs without this Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 47 dangerous and unnecessary pipeline. Needlessly endangering our state's wildlife, water supply, and people when there are safer alternatives is irresponsible and shortsighted. 01:15:27 I strongly urge the Department of Environmental Quality and FERC to say no to this pipeline and pursue more long-term solutions in clean, renewable energy. Thank you. [APPLAUSE] Wrenn: Our next speaker is Jameson Lowry [ph]. Lowry: Hello. My name is Jameson Lowry and I am a member of the Lumbee Tribe of North Carolina located in Robeson County. And upon learning more about the ACP and what preparation was put into alerting people about its construction, I was dismayed to discover how little effort was put into informing others about it., while specifically concerning tribes of North Carolina. While federally recognized tribes, specifically the Eastern Band of Cherokee were informed about the pipeline, state recognized tribes were not, including my own tribe, the Lumbee, which is located in one of the counties in which the pipeline will directly affect. 01:16:41 This is discouraging as a good portion of the pipeline will be running through many of the counties of which these tribes are located such as the Meherrin, Coharie, and Haliwa-Saponi [ph], whereas it does not particularly affect the tribes of North Carolina that were contacted, such as the Eastern Band of Cherokee which is located within the western part of the state. While I do believe it Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 48 is important for them to understand what is going on, I also feel that it's more important to spread awareness about the pipeline in the communities that it would directly affect. 01:17:14 With the introduction of this pipeline, it will personally affect both me and my community as we live along the Lumbee River, the Lumber River. Both my grandfather and father are avid fisherman, and I know many people who enjoy the river for recreational use and depend upon it for drinking water. Any damages or leakage that could occur could damage our water system and our ecosystems of the animals that live there. And this is one of the many reasons that I oppose the construction of this pipeline. 01:17:52 With such great risks of the pipeline leaking or being damaged in any way that could damage the ecosystem and disrupt the lives of my family members and those that I care about, I ask that the Department of Water Resources to reconsider the construction of this pipeline and protect our waterways. Thank you. [APPLAUSE] 01:18:26 Wrenn: Our next speaker is David McGowan [ph]. 01:18:37 McGowan: Good evening. My name is David McGowan. I'm executive director of the North Carolina Petroleum Council. We're the state office for the American Petroleum Institute, represent approximately 650 companies in the oil and natural gas industry. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 49 On behalf of the North Carolina Petroleum Council I'm writing to request approval of the 401 permit for the Atlantic Coast Pipeline project. This project is extremely important to the state of North Carolina for many reasons, and it will have profoundly positive impact on the state and its citizens. 01:19:06 The Atlantic Coast Pipeline is a necessary project because of the tremendous need the state currently has for an abundant, lower-cost, cleaner -burning, natural gas. Natural gas use has expanded rapidly in North Carolina in the recent past, following the retirement of numerous coal fired power plants. Increased demand for natural gas has also come from large manufacturers and other industrial users in the state. In addition, consumers are also increasingly reliant on natural gas for home heating, cooking, and other basic domestic uses. 01:19:36 Furthermore, this project is also critical from an energy security and an economic security standpoint. North Carolina currently receives all of its natural gas from one pipeline that runs in the western part of the state. Construction of the Atlantic Coast Pipeline would provide the state with a secondary source of natural gas to help mitigate any potential future disruptions in supply as was experienced in the polar vortex. Approval of the Atlantic Coast Pipeline will also help ensure the state's demand for natural gas can be met well into the future as natural gas will be required Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 50 to meet our energy demands for at least the next 20 to 30 years according to federal government projections. 01:20:15 Despite suggestions to the contrary, great care has been taken to make sure that all parties can make their voice heard and that the public health and the environment are adequately protected. In addition to extensive consultations with local and state governments as well as the general public, regulators and the companies involved have demonstrated their sincerity in receiving thoughtful input and incorporating that into the project plans. The upcoming final environmental [ph] impact statement will be the culmination of that effort, and it will likely show construction of this pipeline is protective of human health and the environment. 01:20:52 This pipeline is being planned and will be constructed and operated with adherence to the highest possible safety and environmental protection standards including all relevant state water quality regulations. In summary, the ACP will help provide reliable, affordable, cleaner -burning, natural gas to our state and do so in an environmentally sensitive manner. In addition, it will also facilitate greater energy security and economic security by providing for a redundant supply of North Carolina's natural gas. As a result, the North Carolina Petroleum Council urges the DEQ's support and approve the 401 permit for the Atlantic Coast Pipeline. Thank you very much. [APPLAUSE] Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 51 Wrenn: Our next speaker is Steven May [ph]. 01:21:44 May: Good afternoon. My name is Steven May, and I'm here today to speak in favor of the Atlantic Coast Pipeline. As a resident of North Carolina, I'm in favor of this project because of its enormous economic benefit that it can bring to my home state. Dominion Energy, the company behind the proposed project, has thoroughly and carefully planned the pipeline to maximize its benefits. Years of comprehensive studies and surveys have resulted in a route that avoids or minimizes impacts to sensitive areas. Over 300 reroutes across the project have been adopted to reduce the impact to the environment and cultural resources. 01:22:16 The stream and wetland crossing technique employed as well as the pipeline construction methods meet both state and federal requirements designed to protect water quality. Furthermore, the project has reviewed each stream crossing to ensure the chosen construction method is appropriate given the site-specific characteristics of the stream. In fact, horizontal directional drilling is being proposed in many locations to avoid impacts to major water bodies. 01:22:46 It is imperative to trust the extensive process that preceded the ACP. FERC and other agencies have been carefully analyzing potential impacts to the land, air, water, and wildlife, as well as other resources to ensure that the project has adopted all necessary Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 52 measures to protect the environment. The ACP has provided more than 100,000 pages of reports and documents covering every aspect of the project. Additionally, the project has had nearly three years of review and input by various federal, state, and local bodies. It is crucial that this necessary and safe project avoids delay. 01:23:21 Natural gas is a clean, abundant, and reliable partner fuel for renewables. The ACP is a vitally important infrastructure project to our state's energy future. Our regional public utilities need additional supplies of natural gases to meet the growing energy needs of the millions of customers they serve in North Carolina. The natural gas transported will be used to generate cleaner [ph] electricity to heat homes and power new industries, thus new jobs will be created including many in the communities crossed by the pipeline's route. Natural gas is a reliable compliment for when the sun isn't shining or the wind is not blowing and produces far less carbon emissions than coal. [LAUGHTER] 01:24:02 Pipelines are the safest method to transport natural gas, and operation of the pipeline will have no impact on state water sources. The ACP will only transport natural gas, as opposed to oil. Natural gas is not soluble in water and will not result in a spill Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 53 into a water body as opponents of the project would suggest. Those are the reasons that I support the Atlantic Coast Pipeline. F: [LAUGHS] [APPLAUSE] 01:24:28 Wrenn: I want to remind folks to respect everyone's opinion, and also from an audio standpoint [INDISCERNIBLE] we cannot record accurately what's being said. So if you can keep the comments down and noise in the background. Again, we would really appreciate it. Thank you. The next speaker is Ashley Denise Bruce [ph]. 01:24:57 Bruce: Good evening. My name is Ashley Denise Bruce, and I'm here on behalf of myself and my 13 -year-old son. I also work for Sustainable Sandhills, a local environmental nonprofit, and I serve on the executive board of the North Carolina Climate Solutions Coalition. I agree that there are many negative impacts from the construction of the proposed Atlantic Coast Pipeline. I must bring to the attention of DEQ that Duke Energy, the majority partner in the Atlantic Coast Pipeline, Duke Energy has a history of environmental harm and most recently coal ash dumping in the Cape Fear River. And is still in the Dan River. 01:25:33 Duke Energy cannot and the Atlantic Coast Pipeline cannot be trusted to protect the drinking water of our communities. In addition and specifically, the Cape Fear River is already burdened Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 54 by nutrient runoff pollution from hog farming and the industrial discharge including GenX. The construction of the Atlantic Coast Pipeline will only serve to burden the Cape Fear River. At this time I must bring also to your attention that the route is only proposed and has not been finalized by FERC. FERC does not have a quorum [ph] at this time. There is no way that DEQ can adequately determine the water quality impacts of this pipeline until FERC is fully functional. So I appeal to you, NC DEQ, to deny water quality certification until FERC has a quorum. 01:26:32 And furthermore, as a requirement of DEQ's reasonable anticipation of future impacts, DEQ must understand that climate change will in fact cause more flooding and potentially impact the Atlantic Coast Pipeline should it go into the ground. In terms of energy need in our community, the energy information agency [ph] as recently as 2015 expects energy demand to grow 1% annually. Here in our region it is less than 1%. We can make this transition to renewable energy smoothly and cleanly without the Atlantic Coast Pipeline. Jobs and industry are already dependent on renewable energy in our community. 01:27:25 A recent RTI study determined that Robeson County is one of the biggest receivers of economic boom from renewable energy. So, again, I appeal to you, DEQ, this pipeline is not needed. It needs to be reassessed. Thank you. [APPLAUSE] Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 55 Wrenn: The next speaker is John Wagner [ph]. 01:28:07 Wagner: Good evening. My name is John Wagner, and I'm here speaking for myself and for the people of North Carolina. I was born and raised in North Carolina, but for three years I worked with the Georgia Department of Natural Resources and Georgia State University as a member of the macro invertebrate team on a non - point source pollution study that covered the streams and rivers from the mountains to the coastal plains. And ever since I did that I've paid a lot of attention to water, so my comments are addressed to the Division of Water Quality and the 401 issues that you have to decide on, and I encourage you to not permit. 01:29:02 I've read the draft environmental impact statement carefully, especially the parts dealing with water. And there were three words that really stood out to me. The first one was "significant." The draft environmental impact statement had a lot of quality comments about what would happen as a result of the pipeline. It covered some very important points, and it did it fairly well. But at the end of each one of those it ended with the phrase "but there will be no significant impact." It's like if the Department of Transportation discussed that had a blind curve that would quadruple the deaths and then said, "But there will be no significant impact." I encourage you to go back and put a question Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 56 mark next to each of those statements and think about what the impacts really would be and whether they'd be significant. 01:30:09 Second, the word "cumulative." You're talking about cutting a path through hundreds of streams, creeks, wetlands, pocosins, Carolina bays, isolated wetlands of all sizes. And the word cumulative is almost not addressed in the draft environmental statement. Affecting a single isolated wetland or a pocosin can be possibly ignored, but the effect on all of those needs to be addressed, and the Division of Water Quality needs to look at the cumulative impact. 01:30:58 And finally the word "temporary." As I read the draft environmental statement, temporary only really applied to things that would affect buildings. And these effects that they qualify as temporary are going to be long-term, very serious impacts on these wetlands and the life that depends on the wetlands, and I encourage you to really look at the long-term effects and don't take the word temporary as a valid word for those. Thank you. [APPLAUSE] Wrenn: Our next speaker is Tammy Peril [ph]. 01:32:13 Peril: Hello. My name is Tammy Peril. If I affiliate myself with anyone it would be the CDC. I am a nurse, and I'm also board certified in infection prevention and epidemiology. My reason for being here is to speak for the public health of the people of North Carolina Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 57 who may not be aware that their health will be affected. It's not will it be, it's when will it be. 01:32:44 The problem is that the ACP, it isn't necessary for anyone, no one here except for those of you that will profit from the ACP at the expense of the health of the North Carolinians of this state, not to mention the people in between Pennsylvania and North Carolina. The urgency here is that the pipeline will affect the water, soil, air, animals, plus our food and our health [ph]. Though Duke claims that it won't, it inevitably will. The solution is just to say no to ACP and yes to renewable energy that will keep our environment safe, hence keeping your citizens safe and creating more environmentally safe jobs. 01:33:48 I am asking DEQ on behalf of the people that you say no and not approve this ACP application for the public health of those that count on you to keep their water safe for drinking, fishing, swimming, and much more. There is no gray area. Only Duke wins if this application is granted, and the people of North Carolina will be the users. So thank everyone for coming and giving their opinions. Thank you. [APPLAUSE] [CHEERS] Wrenn: Our next speaker is 01:34:41 Miner: Good afternoon. I am archbishop John Miner [ph]. I am the executive pastor of Impact Church, chairman of Impact Ecclesiastical Alliance, which is a collaboration of 300 executive - Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 58 level clergy, bishops, and above. I am also the CEO of Impact International, and I am a candidate for city council district eight in Fayetteville for this year's election. 01 :35:09 Now, my purpose for being hereI found out about this on Facebook. And that is probably why there are not many people in this room who look like me, because we were not properly informed of things like this. So if you would indulge me. I know many of these meetings are fairly a formality, but if you would indulge me for just a few moments. 01 :35:33 The Bible says that no man builds a house except he first sit down and count up the costs [ph]. My concern is that the cost has not been properly counted up, the cost of the effect on life, property, and the environment. Now, my concern also is that this pipeline was supposed to be placed through the Triangle and was then moved into this area where we have low-income families, where those who will be impacted are low on the economic scale. Someone said earlier, one of the earlier speakers said that he had full confidence in Duke Energy. I unfortunately don't share that confidence considering that Duke could not get their billing straight on a month-to-month basis. [APPLAUSE] 01 :36:37 I'm truly disturbed to know that my community, my county, the city where I live has been designated and has been called—let me get to my notes. I'm also retired [ph] Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 59 It has been designated as a sacrifice zone. And not just disturbed [ph]—and excuse my vernacular as a member of the clergy. I'm outright pissed off at it, that I would be considered sacrificial. I don't think I went to three minutes yet, but I'll stick to your time. 01:37:21 Eighteen permanent jobs isn't worth the potential and what appears to be the immanent damage to our water sources, the risk of severe illnesses that will be suffered by the people of our community, especially those who cannot afford the necessary medical care that will be required as a result from such a pipeline being laid. And when we talk about water—and I'm going to sit down. I'm a preacher, so give me a second. When we talk about water let us not forget Flint, Michigan and what the contamination to water did there and how devastating something like that would be in North Carolina. 01:38:04 And, again, as a representative of over 300 churches in this area, I strongly suggest that as leaders who work for the people and as a result of the people, when the people say "no," let the answer be no. Thank you. [APPLAUSE] [CHEERS] Wrenn: Our next speaker is Jeff Long [ph]. 01:38:46 Long: Good afternoon. My name is Jeff Long, and I too am a minister. I'm also retired military. Approximately 10% of the world's recoverable oil reserves are in shale rich rocks that can only be Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 60 accessed by hydraulic fracturing. I'm going to jump down through this. We've had other issues arise. I also have a degree in geology. I appreciate what the one man said who has done the rivering [ph] study and all and some of the points he brought up. I think there's a lot of unfounded fears being raised about the pipeline. And for one thing what's being brought down through that pipeline is not an alien fluid; it's part of what is in this earth that God put there. And I believe he put there—the Bible itself said God has put oil in those hills. 01:39:39 This comes from that oil. That oil is created between 150 to 285 degrees underground. That gas comes from that, and then it's brought to the surface. That gas is an energy rich source, resource that we need to utilize. The amount of natural gas recoverable from shale is estimated around 7,300 -trillion cubic feet worldwide. There are trillions of cubic feet recoverable from other rock formations as well. The Atlantic Coast Pipeline will facilitate the economical and safe future transport of billions of cubic feet of gas southward from Virginia and serve as a trunk [ph] to pick up and distribute even more from fields which could open up in the future feasibly along that route. 01:40:29 Pipelines like this have crisscrossed Asia and Europe for years with little problem. Gas from deep within the earth is an abundant source of power which is needed if America is ever to Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 61 regain a lead in today's modern industrial economies. I have a friend who is a leading engineer in Salerno, Italy. We went to high school together here in America. And he told me, "Jeff," he was looking at the windmills up there. He said, "That's the biggest waste of taxpayer dollars you could do in America is to put up the solar power. It only generates only about 3% of what's generated off those windmills gets to the end of the line." We need, until we can come up with other efficient sources of power. And how much land do we waste around here putting up solar panels out in fields that could be used to grow food? 01:41:22 I mean, you talk about a waste. There are other tradeoffs involved. I was raised on a farm too, so I do look at that. I'm currently negotiating the instillation of a new central air unit in my house that I have recently purchased. I want it to be the most efficient and utilize the best of both gas and electric modalities in an energy -star approved configuration. We need gas at more competitive prices available for all North Carolinians. We need the jobs that will be stimulated when the electric and gas sectors are competing in a free market system. I'm a former army officer as well. 01:42:08 Think about the future. If we ever have an EMP attack in America and you're all dependent on electric only and it's winter Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 62 time, you're going to be gas as well [ph]. It's a redundancy that's needed for our country security. [APPLAUSE] Wrenn: Our next speaker is Christine Ellis [ph]. 01:42:40 Ellis: Christine Ellis, Winyah Rivers as well as EcoRobeson. The proposed ACP will compromise our rivers, streams, and wetlands. I believe it's unnecessary and risky. And I believe that the information provided you is not adequate for you to provide a certification for the water quality of North Carolina. One of the points that I wanted to make is that the proposed ACP will cross eight water supply watersheds. And you know the numbers in terms of permanently impacting and temporarily impacting streams and wetlands. 01:43:25 I think that's unprecedented. So therefore we hold you to the highest standard to protect our water quality and our community's health. But today I am here because the Lumber River is my baby. That's the watershed over which I watch, and it has not, in my opinion, being given the love and respect in either the DEIS or the water certification application. Speaking of water supply watersheds, the ACP will cross not only through the watershed but also through areas of great importance in our Lumber River watershed. 01:44:10 Our water supply is ground water under the direct influence of surface water. Nowhere in the applications have I seen Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 63 recognition of that and the potential for the interconnection and the cross contamination of the two. So I ask you to really pay much more attention to the Lumber River watershed. In addition, people have mentioned the cumulative impacts. And, yes, there are very few cumulative impacts mentioned in the information. And, again, in particular with the Lumber River watershed, both named and unnamed streams and wetlands that are treated as individually impacted eventually drain into other larger tributaries and into the Lumber River, and that cumulative impact on water quality in those communities is very important. 01 :45:09 As other people have mentioned, Robeson County is a community that is generally poor, rural community, and sustenance fishing is an important part of our community. Again, nowhere in the document have I seen a true evaluation of the natural heritage of our area, the protected species of plant and animal life that really need to be identified and protected. The Lumber River really needs some love. It's a very important watershed, natural and scenic, designated state and federally, home of the Lumber River State Park, home to the Lumbee people, and an area that Robesonians deserve to be protected. Thank you so much. [APPLAUSE] [CHEERS] Wrenn: Our next speaker is Mable Mary Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 64 01:46:14 Osterbrink: I'm Maryanne Osterbrink [ph]. Born near Chicago originally. I go by Mable. I took a conservation pledge as a young Girl Scout when I was about nine years old, and I meant that pledge for the earth, to conserve especially the United State's natural resources. And I have been following that pledge, and it keeps me way too busy that I would like to be actually, especially in the last few years. 01:46:38 I served on the town conservation commission in the 1990s, whose mission is to protect wetlands. This is federal law. As you know, wetlands are federally protected for a reason. I studied and advocated for our wetlands around that town. And I just walked the pipeline, walked along the route, and it was lovely to see the rural area that it has been decided to be put in, because people in the Triangle or whatever would not agree with this being near their water sources. And is right. 01:47:12 We need to keep the water that we have in North Carolina, that we still have. There are droughts in North Carolina, you know. We can't afford to lose water. And just pipeline construction alone, I read, would waste at least 100 -million gallons of water, just the construction process, of freshwater that we need. And then it affects the animals, of course, and the plants downstream because of that, taking that water, besides the harm to Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 65 our shallow water table here in North Carolina from the guaranteed leaks and possible explosions. 01:47:52 There have been over 300 pipeline explosions in the last 50 years in the United States. So that is not a big maybe. That's almost—well, it scares me and everybody, I'm sure. It's a very scary thing. Just that alone for me is enough, just the explosion, but anyway. I don't trust Duke or Dominion. Duke is a huge global corporation. Corporations profit is their motive. That's their main existence, is profit. That's all they want. Actually in Georgia, recently in Georgia, and in Massachusetts pipeline companies pulled out because they could not get the people to pay for the building of the pipeline. But unfortunately here in North Carolina we're stuck with the bill for everything including the building. So they like it here for that reason. They can charge us for the whole thing and pollute the water. The water will pipelines do leak, as you have heard, I'm sure. 01:48:53 And the coal ash issue has already been brought up, so I do not trust them. That's been a debacle, and they still don't know what they're doing with that, the right way [ph]. And they want to charge us for that too. That just came out, so there you go. I don't trust them. And also for solar Duke only spends about 1% of their effort for solar energy. So they talk big, but they don't do it. And they're in with all the other major energy corporations in the U.S. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 66 pushing these pipelines all over the country so that they can make a big profit because they're guaranteed a profit. So it's not necessary, but it's necessary for their bottom line to get bigger and bigger every quarter. 01:49:40 M: Mrs. Osterbrink, that's your time. Osterbrink: Okay. I wasn't watching the signs. I was thinking because I was talking. Okay, well, I made my main points, and thanks for listening. [APPLAUSE] Wrenn: The next speaker is Luis Nino [ph]. 01:50:08 Nino: Good evening. My name is Luis Nino, and I would like to speak on behalf of Cumberland County Carrying Voices [ph]. We have been fighting to keep our properties in our own hands instead of Atlantic Coast Pipeline's. This is an opportunity that we have tonight to talk to this department to let you know that we have been doing a lot of pains to maintain our properties. As a resident and as a concerned citizen of this county, we are very concerned of what has been happening with this pipeline. And tonight you heard about many people, how this is going to affect our water. And, I mean, that is so important, you know, for our livelihood. And it's going to affect everything. It's so important thatI mean, we just can't live without it. 01:51:57 Now, the reason we are here tonight is because we have this opportunity. It's something that we never had before. And Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 67 things always have been sort of tricky for us. And I'm glad that we're here tonight to let you know that as a department you have a responsibility to take care of our environment. So we want you to do the best. We want you to do all the things that you are supposed to do, all the appropriate standards that the North Carolina Department of Environmental Quality requires. And so it is your responsibility, as a department of resources for the water [ph]. So I'm glad tonight that I am here just talking about this issue, which has been really a nightmare for all of us landowners and concerned citizens. Thank you very much. [APPLAUSE] 01:53:43 Wrenn: Our next speaker is Martha Howell [ph]. Mrs. Howell [INDISCERNIBLE]. All right. The next speaker is Kim Geddes [Ph] 01:54:17 Geddes: My name is Kim Geddes. I'm not affiliated with any organization. I'm here representing myself and my family. I'm a native North Carolinian and currently live in Moore County. My husband and I own a small farm where we raise horses and care for the branch of Drowning Creek that runs through our property. I am here tonight to share how the Cape Fear River has shaped my family's history and to express my fears about eminent domain and the adverse impact the Atlantic Coast Pipeline will have on waterways and private land. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 68 01:54:55 My family has a long history of attachment to the land and water of this area. In the early 1700s my ancestors, the Letts [ph], decided to move from Wilmington westward, and they navigated up the Cape Fear River to find suitable farmland. They rode through Bladen County and stayed there for a while near the area called Cross Creek. That area is now called Fayetteville. They continued migrating up the river, but travel was difficult due to the rapids on the Cape Fear. Sometimes the pioneers had to row their boats to the shores and tote the boats past the falls then put the boats back in the water. But they persevered and eventually put down roots near Buckhorn Falls. Here the Letts found what they were looking for, an abundance of rich bottomland [ph] for growing cotton and other crops and access to pristine water. 01:55:55 The settlers marked their chosen site and eventually called it Letts Landing. It is designated with a marker today on the Cape Fear River. Why am I telling you this story? The Letts and their decedents have been fighting to hold onto this land and protect the Cape Fear River and nearby waterways ever since they settled. Small farmers and landowners don't just preserve the land, but they also protect the water that runs through it because the water is vital to sustaining their families, their corps, and livestock. Removing a landowner's rights through the eminent domain Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 69 process removes the caretaker of many of our streams and rivers that run through landowner's properties. 01:56:42 The Atlantic Coast Pipeline will take land away from families who have protected the land and its waterways for many generations. But how sustainable is fracking? How long will the gas infrastructure be required? This project disrupts families who have conserved land and water for centuries to support a project that will only have a 40 or 50 -year lifespan. I object to the idea that companies can take private property and adversely impact our waterways. 01:57:15 Onetime payments from corporations that attempt to compensate owners for their land do not make up for what is being lost that can never be restored. I thank you for this opportunity to share the story of my family and the importance that the Cape Fear River has had in our history, not only for my family but for the history of North Carolina and for the culture of North Carolina. Thank you. [APPLAUSE] Wrenn: Our next speaker is Keely Wood. 01:58:06 K. Wood: My name is Keely Wood. I'm with EnvironmentaLEE and Clean water for North Carolina. You're in a dreamland if you think that they can construct this ACP without adverse effects to streams, rivers, wetlands, groundwater, aquatic life, human life, and environmental justice. The use of eminent domain for private Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 70 companies is just un-American. In the past 30 years FERC has granted certificates to all but two U.S. pipeline projects with no credible assessment of an actual needed project, showing FERC is to be influenced by the big money, the big lobbyists, the big greed of industry and not looking out for the residents. 01:58:50 I'm not confident on Duke Energy, knowing how they treated the people around the coal ash. And we have people still living on bottled water two years later. And they just announced a 14% price increase. This is not route 95. Not everyone is going to be using this pipeline. This pipeline is for industry, not for us to cook and not for us to heat. The Division of Water Resources permit review must require measures to protect the waters, existing uses of water resources. The ACP project will cross nearly seven miles of streams and destroy nearly 20 [ph] acres of forest with riverside vegetation, which will serve as buffers to prevent polluted runoff into those streams. No protocols are in place to prevent impact such as compaction [ph] with affecting recharge of shallow aquifers or infiltration of toxic and hazardous materials including fuels, oils, lubricants, hydraulic fluids, and explosives. 01:59:55 Areas of shallow bedrock must be surveyed for heavy metals, radio active materials, acid producing rocks with the potential to contaminate water resources. There are a large number of private wells within 150 feet of the pipeline workspace in Nash Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 71 and Johnston and Cumberland Counties. Service disturbances clearing and trenching can impact both service, water drainage, and ground water recharge patterns, with the largest impacts to shallow surface aquifers [ph]. 02:00:29 The pipeline would have a negative impact on areas designated by the state as primary nursery areas that are important for early growth and development of wild range of fish and crustacean species in the Cape Fear, Roanoke, and Neuse Rivers. Given the number of listed and petitioned endangered freshwater mussels and water bodies crossed by the ACP, a far more detailed assessment of these impacts of these species needs requested and investigated [ph]. My family, North Carolina residents whom DEQ is supposed to protect and be the good stewards of the land, ask the Division of Water Resources not to grant a 401 permit for the ACP. And I'll put more in writing and send them to you. [APPLAUSE] Wrenn: The next speaker is Danny Gunner [ph]. Mr. Gunner? Okay. Next speaker is Cary Rogers [ph]. 02:02:01 Rodgers: Just to let everyone know, I'm number 36. [LAUGHTER] I don't know what your number is. Anyway, my name is Pastor Cary Rogers, and I am involved because a few years ago someone at the church informed me about fracking in Anson Count. And then I got involved with that and put together a resolution and actually a Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 72 moratorium to stop that monstrosity there. And then I was asked to join Blue Ridge officially [ph] to help other residents like myself to stop this environmental disaster. 02:02:42 So I represent Blue Ridge and many other organizations that we have actually put together, grassroots organizations up and down the pipeline of landowners who say no. And I pray tonight that you will listen to our concerns. I've had a lot of experience in the past four years of working as a community organizer and dealing with the state and dealing with EPA and FERC. And I'll be honest with you; tonight you can rectify some things because over the many years that I've been dealing with it now they listen to us but do nothing. This is your opportunity to do something because you already know the water will be impacted. And you all have detailed information on that, so I'm not even going to go through all those details right now. 02:03:42 You know that pipelines leak. I need water. My body depends on water. It doesn't depend on natural gas. Natural gas is not clean. Let's get that. Let's say it again; natural gas is not clean. But we need clean water to survive. I drink water; I bathe in water; I baptize in water, so I need clean water. But another major thing that has to be addressed in which the ACP has neglected majorly. It completely fails to address the environmental justice issue that directly impacts North Carolina. Is it just Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 73 coincidence that the two poorest communities are directly impacted, Robeson County and Northampton County. And they totally ignore the cumulative impacts of those very sensitive communities. 02:04:43 So I pray today that you will look at the environmental justice, that you actually have a duty to do that legally. This has been ignored, so I pray and hope that you don't ignore what's being said tonight and especially the environmental justice impacts. Thank you. [APPLAUSE] Wrenn: Our next speaker is Hanah Ehrenreich [ph]. 02:05:15 Ehrenreich: Good evening, and thank you for being here. I'm Hanah Ehrenreich from Sustainable Sandhills, and do want to apologize for my spontaneous yet ungracious response to the earlier gentleman. It was kind of funny. We do appreciate NC DEQ and the permitting process that it does protect our waterways. Sustainable Sandhills is an environmental nonprofit that represents Lee County, Harnett County, Cumberland County, and Robeson County in terms of effected counties by this pipeline, and we have not received a finalized route plan from Dominion or Duke or the ACP LLC. 02:05:53 It speaks to the lack of preparation in this permit process and the fact that this is not a project that is advanced enough to go forward. I also have noted that in the permit process the high Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 74 water table that the 36 -inch diameter pipeline goes through has not been accounted for. Specifically too, in terms of EMT and emergency preparation, the horizontal drilling in terms of inadvertent returns but spills, we have confirmation from the City of Fayetteville who would be called in in the event of a spill specifically under the Cape Fear River that they don't have hoses or nodules [ph] that would be able to address a spill underneath the river in that zone. We also are told that—sorry I lost my place. 02:06:46 We are also told that the cutoff valves in the rural areas are too far apart according to our emergency services, to cut off with any veracity in the event of a spill or unintended [ph] leak. We would have more damage in that case, specifically to the watershed of the Cape Fear River. We also note no diffuse flow plan. That is a huge issue for us. In terms of protection of riparian barriers, one of the things that, as you well know, the NC Wildlife Resources Council has a Green Growth Toolbox plan for riparian barriers, and none of that has been consulted in this process. We would like to see that included. 02:07:24 In terms of the 401 permitting process replacement of existing use through remediation, there are 1.8 million people reliant on this drinking water source. We also have more than $30 million in recreation and business generated through this part of the Cape Fear River. We do not see any ability for this pipeline Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 75 company or this shell company, thank you, to replace that existing resource should damage occur. And we would like to see a detailed analysis of how that could be possible. 02:07:56 I would like to note that the coal ash pumping 61 million gallons in 2014 of slurry happened in a tributary of the Cape Fear River. We have experienced severe economic and environmental impacts from that. And it has not been remediated to our satisfaction. And we would like that to reflect in the 401 permitting process for the same company on behalf of that. Thank you. No environmental benefit and terrific environmental risk is involved in this pipeline. Thank you. [APPLAUSE] Wrenn: The next speaker is 02:08:39 Modde: My name is Douglas Modde [ph]. I'm a retired intel analyst for the United States Army. I also worked on the environmental impact statement for the nuclear power plant. I also looked at the situation on the atom smasher [ph] in Batavia, Illinois. And currently after I have reviewed this information that this proposed project will permanently impact three football fields, three football fields or less out of 186 miles. Whitewash. Whitewash. I think it's going to impact more than that. 02:09:22 So that's just one little thing that I've looked at. The other thing is the Cape Fear River, it's going to be stagnant in 17 years. People won't have drinking water. Brunswick County in about 80 Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 76 years will have—in less than 80 years it will become septic, and that will mean you will have orange blooms up and down the Cape Fear River. So they're worried about their drinking water now, and they have 16 years to 17 years to worry about it. Now in this proposal it's 30 years. We're going to have more problems if you just add onto it. So I am against this proposal for that reason. 02:10:09 We need to keep and maintain our water supply the best we can. And the sediment and the effect on the animal life, all of it, and then review the environmental impact statements like the man said earlier, no significant, nothing is going to happen. Well, something is going to happen, and what if they put it in. And that's all I have to say. You have a good day. [APPLAUSE] Wrenn: Our next speaker is Joe Barnes, Jr [ph]. 02:11:04 Barnes: Good evening. My name is Joe Barnes, Jr., and I'm a field rep with Local 980 out of Roanoke, Virginia. And I'm here in support of the Atlantic Coast Pipeline on behalf of my union and all the pipeline workers that I have worked with in the past. And I have a written statement, and it reads as follows. 02:11:25 Throughout this lengthy process FERC and other agencies have reviewed the analyzing potential impacts to the land, air, and water quality, wildlife, and other resources to ensure the project has adopted all necessary measures to protect the environment. The ACP has provided more than 100,000 pages of reports and Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 77 documentation covering every aspect of this project. This project has had nearly three years of review and input by various federal, state, and local bodies. Don't delay this project. 02:12:07 The ACP is a vitally important infrastructure project. Our regions public utilities need additional supplies of natural gas to meet the growing energy needs of millions of customers they serve in Virginia and North Carolina. The gas transported will be used to generate cleaner electricity to heat homes and power new industries creating American jobs including in many of the communities crossed by the pipeline's route. We, the workers, take great pride in building extremely safe pipelines. We live here. We hunt and fish here. We are not going to destroy our state. We need this pipeline. We can put it in safe and with very little impact to the landowners or the environment. 02:13:02 And, in closing, I've personally with pipeline before. I mean, I know people have their opinion, and I respectfully disagree with the ones that oppose it. But I actually work with pipeline. And for what it did for my family as a worker—and I started out as a laborer, and now I'm a field rep with Local 980—it touched me and it put me to the point where I understand what they're saying, but at the same time, I'm siding with what I want to do [ph] because that's what I want to do, and that's how I made it out of where I was at in my life. Thank you. [APPLAUSE] Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 78 Wrenn: Our next speaker is Felipe Lopez [ph]. 02:13:55 Lopez: Good evening. My name is Felipe Lopez, and I'm also here in support of the project and on behalf of the union workers who build these projects. The Atlantic Coast Pipeline has been studied, checked, and rechecked. The ACP route has over 300 reroutes across the project to reduce impacts of environmental and cultural historic resources and threatened and endangered species. Stream and wetland crossings, techniques, and pipeline construction methods meet state and federal requirements designed to protect water quality. The project has reviewed each stream crossing to ensure the chosen construction method is appropriate given the site-specific characteristics of the stream. 02:14:50 Horizontal directional drilling is being proposed in many locations to avoid impacts to major [ph] water bodies. Pipelines are the safest method to transport natural gas, and the operation of pipelines will not impact water resources. The ACP will transport natural gas. It is not an oil pipeline. We work on pipeline. We are your neighbors. We are not going to destroy North Carolina. We will put it in safe. When we are finished we won't know is a pipeline is in the ground. Thank you. [APPLAUSE] 02:15:37 F: Excuse me. Can people state where they live from [ph]? Because if they're coming from out of state I think that we need to know Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 79 that because this reflects our state and our waters and our river ways, not journeymen [ph] from other states. M: We asked that people make an affiliation and the speakers have done that, as well as their name. We F: Well, I understand they've been out of state. A few of these people are journeymen, and they're from another state. And I think we deserve the right to know that. 02:16:09 M: I appreciate that. It's not required as part of this review [ph] F: I'm just simply asking. 02:16:15 Wrenn: Our next speaker is Robbie Goins [ph]. 02:16:37 Goins: Thank you. Thank you for letting me speak tonight. My name is Robbie Goins. I'm from Robeson County. I'm a Native American, part of the Lumbee Tribe. I'm also affiliated with a group called EcoRobeson where we try to bring awareness to the county for issues like this. 02:16:56 I like your map up here. It kind of shows where the pipeline is going to end. And where that pipeline ends is adjacent to my family's land. And that pipeline is not only going to end there; it also is going to connect a station, a power station in Rockingham County. There's already a pipeline there that goes to Rockingham, and it feeds Robeson County with gas, methane gas. So this pipeline is going to come in, and it's going to be adjacent to Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 80 my family's land. It also is going to affect Robeson County because it's going to travers across the county and hit numerous swamps. 02:17:40 You've got Burnt Swamp; you've got Richland Swamp; you've got Big Marsh Swamp; you've got other waterways that lead to the Robeson County natural scenic river, the Lumbee, Lumber River. So I see this every day on my commute to work. I work in Saint Pauls, North Carolina, which is north of Lumberton. And on this route I cross all these waterways. I know the route that this pipeline is going to take. And I know that if we have something like we had with Hurricane Matthew a year ago, almost a year to date, this—if we have that type of water and this pipe isn't put in properly, that has a chance to actually potentially harm a lot of people with contaminating their water supply [ph]. 02:18:39 I know that Dominion and Duke, they tout these jobs that are coming to the people. They're not coming to North Carolina. As you have heard, they're coming from people from out of state, people who are going to get high rates in their pay rate. They're going to get a per diem every day. And that burden, that payment is going to come out of North Carolina taxpayers. So the North Carolinians are not going to prosper from this. It's going to affect us. It's going to affect our water and our natural resources. It's going to cross a lot of our waterways. It's going to harm not only Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 81 the Lumber River; it's going to harm the Cape Fear River. It's going to harm the Neuse River and other waterways up and down that route. 02:19:26 It's funny how the dot there stops. And it's my land that's right across from where it's going to end. And for a lot of you it's not going to affect you. It's not in your backyard. It's not going to be adjacent to you. They're wanting to put in a new metering station right there. It's an eyesore already, and it's going to be an eyesore when they put it in. And it's going to affect other people's land. It's going to affect farms. And as growing up, as a kid I grew up on the Lumber River. I swam the Lumber River. And if it becomes contaminated, my kids won't be able to have the same experience and enjoy that waterway. And I thank you for the time. Thanks. [APPLAUSE] 02:20:18 Wrenn: Our next speaker is Merriam Saied [ph]. Saied: Hello, my name is Merriam. I study energy justice, and I speak for myself. To say that this pipeline won't leak is a flat out lie. It's not a question of if it will leak but when and how many times. There is not a single pipeline in the entirety of the United States that has not leaked. And leaks are not known until at least two months, usually until the landowners complain because their crops and their animals have died. Do you think really that this company Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 82 will really manage its pipeline to the point that it can protect itself from nature? 02:21:08 Military pipelines have also been a huge problem. Because pipelines near military bases—and we live near one of the largest military bases in America—are subject to terrorism, they're protected by the TSA [ph]. So to think that this might not become a natural security issue is ridiculous. This will not create jobs. This will not create energy. This will not decrease the cost of energy. This will only affect the poor, the black, the Native American communities that cannot afford to even pay for what will happen to them. 02:21:44 What we see with pipelines is that energy prices tend to increase. Rent increases as well. Do you really think that the poor, the black, the Native American communities that will be affected by this will simply not be able to be subject to this also? 1.8 million people drink from the Cape Fear water [ph]. The bare minimum regulations that the U.S. has now that has decreased since the '60s, the bare minimum is not enough for 1.8 million people that might die. Natural gas is not natural. It comes from breaking rock under the surface. That breaking the rock can cause earthquakes. Those earthquakes cause leaks that cause the water to be contaminated with everything from cement, to methane, to radioactive material. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 83 02:22:46 We have a moratorium that has a ban on hydrofracking [ph] in North Carolina [ph]. Other states do not have right now. This will make people in Pennsylvania be drinking radioactive water to continue a dying industry. We have the solutions right now. We have renewable energy. We can do this. We do not need a failing industry to continue to starve out people and starve out our river water for their barely there profits [ph]. Thank you. [APPLAUSE] [CHEERS] Wrenn: Our next speaker is 02:23:40 Self Good evening. My name is Deb Self [ph], and I am here tonight speaking for myself, ironically enough. I am a staff member of Sierra Club, but I also grew up swimming and fishing in North Carolina waters, and I bird [ph] in the swamps here. And this is a personal issue for me as well. I want to thank the Department of Environmental Quality for agreeing to do an individual 401 application. I think that's really important. And I appreciate that you have announced that you have a complete application, but I don't think you have adequate information to issue a certification. 02:24:22 There is a lot of missing information about sediment control. There is a lot of missing information about spill control. There is a lot of missing information about construction. There is a lot of misguided plans for constructing a dam and trying to fish out by hand the endangered fish and mussels and move them Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 84 somewhere and then let the water go back through. Kind of silly [ph]. You know, to me this is a really important I'm from Alabama. And I'm not a big fan of states rights, but I think that this is one of the really important states rights. 02:25:06 North Carolina is a sovereign entity that has the duty to protect its waterways. We've had New Jersey stand up, and we've had New York stand up when they were given an application by a pipeline applicant that they deemed not sufficient for demonstrating the water quality standards wouldn't be violated. They rejected that certification appropriately. And I know that usually when you get an application for a permit, you give it with conditions. I neglected to say that I'm a geologist with a water quality background. And I also am a oil spill responder. 02:25:54 I know that a lot of permits are given with conditions on them, but in this case this permit is different, and you can't really mitigate any long-term impacts. You're not allowed under state and federal law to issue a certification unless Duke and Dominion have demonstrated that there won't be a water quality impact. I also don't think that this application sufficiently addresses the need for this pipeline. Obviously Sierra Club is going to send in a lot of written comments, but I just want to say North Carolina Utilities Commission has filed an objection with FERC [ph] saying that Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 85 Duke and Dominion have not demonstrated the need for this pipeline. 02:26:35 All they have demonstrated is that they want a 14% return on equity for shareholders, and that they have not provided any actual market data. Given that, I think that's another reason that you cannot issue the certification. Thank you for the opportunity to speak. And thank you so much, all you community folks, for being out here and fighting for North Carolina's waterways. [APPLAUSE] [CHEERS] Wrenn: Our next speaker is Hunter Stewart [ph]. 02:27:16 Stewart: My name is Hunter Stewart, and I'm here just myself I couldn't' get a single person I know to come here with me because they were all too busy watching TV or something. I really don't know. But I've heardI have something written out that I was going to say, but I don't feel the need to say it anymore because most people have just regurgitated the same thing over and over, just constantly just jobs this, jobs that. Everybody knows that that's not going to happen here. And everybody knows that a lot of people here with these yes stickers are getting paid to be here tonight. But nobody is really saying anything about that either. [APPLAUSE] 02:27:51 And my main concern is how much money are they going to pay our government to build this pipeline, each individual Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 86 congressman, each individual other human being that stands up there everyday supposedly representing us. But, ha, that is a joke, and everybody laughs in their face every day. And everybody knows that it's just a joke, but they're still here entertaining this stuff And I don't know why, but we are. And I hope something good happens out of us entertaining this, because it doesn't seem like anything good has happened anywhere else in our country when people try to fight these types of things. But I hope that we can finally come together and get something done. 02:28:31 But what this map does, it shows in West Virginia where this is going to be coming from, and it doesn't—and no one has discussed or talked about all the problems that in West Virginia they're having right now with their fracking. The people there don't even have water. The families there that are trying to live off the land can't even live off the land. But I understand the government doesn't want us living off the land. They want us depending on their water source PWC, which is not even water. It's garbage to start with here in our city, Fayetteville. We don't have our own drinking water worth drinking from our own 02:29:03 I just hope that somebody can see that what's going to happen here is not going to be in favor of anybody that lives in North Carolina, and it's not going to be in any favor of anybody that lives in Virginia, and it's not going to be in the favor of the Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 87 people that live in South Carolina when it keeps on going on down to Georgia and probably on as far as it will go [ph]. There is no telling how long they'll want this thing to go. But I don't want to cut off anybody else's time. I want everybody to have a chance to speak. And I'm just going to cutoff right there, because I don't want to get to ranty [ph]. You ladies and gentleman have a good evening. [CHEERS] [APPLAUSE] Wrenn: The next speaker is Adrienne Kennedy [ph]. 02:30:04 Kennedy: Good evening. My name is Adrienne Kennedy. I'm from Lumberton, North Carolina, from South Lumberton. I had had no idea that the pipeline was proposed to interrupt my county until I became a hurricane flood victim of Hurricane Matthew. I'm probably the only black woman in here that is considered a hurricane victim. And I say I'm a victim because I'm still surviving in my county from the effects of the hurricane. 02:30:33 As my research continued, I started to put words together through these readings about disasters whether manmade or by natural disaster. And some of the terms came up like a disruption of climate systems and the uncertainties of the impacts of dot dot dot [ph]. And it just didn't rest well with me. I'm from South Lumberton four blocks from the Lumber River. I swim there. I take my kids there. Well, I used to until I was displaced. And I live about 10 minutes away from Robbie. And I asked Robbie one Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP Julyl8_PublicHearing_Recorder I Page 88 day. I said, "Robbie, where is this pipeline?" And he started giving me the description of the highway and the restaurant that was near it. And he said, "My land is across the street from there." And so from that day forward it has become an interest to me to find out why is it coming to my county and why is it considered coming to my county now after this hurricane has tore up my neighborhood and tore up my county. 02:31:34 I still sleep every night with the if. if this pipeline is here and what will happen. I have to sleep with a personal if. We are planned to flood again within one to five years. And in a recovery stage there's stages to this recovery. So right now we're supposed to be in the recovery and rebuild stage, but we are far from it. I couldn't imagine this pipeline coming here and causing any kind of catastrophic situations that would hurt me or hurt my family. The community goes through recovery every day. I wouldn't put this pipeline near you, and I wouldn't put it near you, and I don't know you. But I know if it hurts you that I would reconsider where it's supposed to go and what it's supposed to do. 02:32:25 I still witness every day survival people, people that I had to rescue from dirty and muddy, nasty water. I still witness people that cannot go back home. I still have to witness people that come into my store every day asking for water. I wouldn't want it to be me, and I wouldn't want it to be you. But as my grandma says, Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 89 "Live long enough and it will be you." This is affecting the poor. And one day it's going to affect somebody else. And we wouldn't want the choice to be made for you whether you had to drink or need one case of water or two cases of water. So I say less pollution and more solutions. [CHEERS] [APPLAUSE] 02:33:22 Wrenn: That was our last speaker. If we have any other folks who have not spoken tonight and you would like to say something, you are welcome to come forward at this time. If there are other folks who have spoken already who have further comments they would like to make. Would you state your name again for me, please? 02:33:55 Schrader: I sure will. My name is Anne Schrader. I live here in Fayetteville. I'm from Fayetteville, not from another state. I'm from here. [LAUGHTER] My water, my state. This is just the last part of what I wanted to say. 02:34:07 The citizens of this state request and look to you, to your department, the Department of Environmental Quality, the policymakers affecting our safe wellbeing to use the full extent of the law to protect North Carolina's life -providing waterways and to demonstrate three things. One, sound decision and policymaking that is fully researched and fact based. If you look at the facts, they speak for themselves. This is bad for North Carolina. It will never ever be good for North Carolina. Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP JulyI8 PublicHearing_Recorder I Page 90 02:34:43 Number two, as a leader and overseer of our wellbeing and our clean waterways, please use and demonstrate vision, the vision for long-term sustainability and survival of our state and for future generations. This is an obvious short-term money gain. They're not thinking about long term, which is all about renewable energy. When we frack this nation and deplete all of the natural fossil fuel, then what? Then will we use our solar and our wind and our tidal that is free and clean? Why wait until we decimate this entire beautiful country of ours with pipelines like we're doing right now? They're leaking everywhere. I moved here from San Diego a couple of years ago, and there was a pipeline that leaked for over two months in California. Okay? This is happening. 02:35:36 And, number three, please demonstrate the courage to go against the power and money -hungry corporations and lobbyists to make healthy, sustainable, and common-sense—this is common- sense—common-sense decisions for North Carolina so clearly right before you. The fact that we even have this hearing is sad to me when we look at what's happening in the world. Okay? 02:36:02 And finally I urge you, the North Carolina Department of Environmental Quality to keep the citizens and our waterways of our precious state of North Carolina safe and to fully reject a known polluter, Duke Energy's unnecessary and toxic Atlantic Coast Pipeline [ph]. Thank you. [APPLAUSE] Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 91 02:36:34 L. Modde: Yes, my name is Lisa Modde [ph]. And I live here in Hope Mills [ph]. And I am speaking for myself and my husband, Douglas Modde. My husband has been teaching me a lot about this and taking me places along around these places. And I've learned a lot from my husband and from these meetings he's taken me to. 02:37:19 And I don't think anybody in North Carolina could really clean up the water we have in North Carolina, to tell you the God's honest truth. The coal ash and what it is, sweetie? Modde: Petroleum products, GenX [ph]. L. Modde: The petroleum and GenX and there is all kinds of things in the water that my husband called all the companies, and all they said was, "I'm sorry. We can't help you." You know, "You've got to call another company to help you. We can't help you. We can't help you. We can't get you clean water." And then one person came by and said, "Oh, you put this up and you'll get clean water on your spigot," you know, on your—and I'm thinking, "You know, that reminds me of my sister." She used to tell me, "Lisa, go and get some water out of the faucet." And I thought my you know, I really remember a long time ago I learned on the news that if you drink water out of the faucet, it's not clean. It is really not clean water out of the spigot. It's dirty water you're drinking. 02:39:30 And even out of your—if you have a refrigerator that has the thing, that's not clean water either you're drinking. I mean, if Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 92 you make Kool-Aid, you're not drinking Kool-Aid, clean Kool- Aid or anything. Somebody in this world, not even the president cares about this, our projects [ph]. I mean, who is going to keep our nation clean and give up and help us before we drop down? I want an answer and I want it now. By golly, I need it, and we need it. North Carolina needs it. South Carolina needs it. I've lived in Durham. I was born in Durham. And, by golly, I lived in Chapel Hill too. And I moved to Fayetteville. And this—I've learned a lot from everybody and all the meetings. And I'm sick and tired of getting sick. I have epilepsy. I have to take water with my medications. And I am reallyI got two dogs that I have to take care of, and I don't want them to go away just like that, a snap in the please, please let somebody, call somebody, shout out somebody, help [ph]. We need, Carolina needs help. Please. We need help here. [APPLAUSE] And now. 02:41:48 T. Clark: My name is Tom Clark [ph], and I would just like to thank everybody that's here tonight, even the people, the gentleman talking about jobs, because I understand they're trying to protect their family. But their family is in Virginia. Their family is in South Carolina. Their family is in another county. It's not even in Cumberland County [ph]. This is the western part of the state [ph]. But they're here trying to protect their family. So I respect that. But I also demand the same respect for my family that lives along Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 93 that thin red line. That's my family's welfare. When we go to sleep at night with this proposed pipeline, every night when we go to sleep there is no guarantee we would even wake up. 02:42:28 And every drink of water we take, every time my granddaughter comes to our house, every time I go put water in my little horses' buckets there's no guarantee that I'm not giving them poison. So I respect you for being here tonight and speaking up for your family, so I demand the same respect for my family. And I do not envy you people. I respect you, but I do not envy you. You've got a heavy job. And I just ask that the good lord will lead you in the right way, because I know what the right way is going to be. He made this earth, and he didn't mean for men to mess it up, and that's what the Atlantic Coast Pipeline is going to do. And that's what Dominion is going to do. 02:43:11 And you know what they do it for? They do it for thin piece of paper. The good lord gave us sun; he gave us wind. That thin piece of paper don't mean a thing to him. So I'll just keep you in my prayers. [APPLAUSE] M: I'm sorry. Could you state your name again? T. Clark: Tom Clark. M: Tom Clark. Thank you. [APPLAUSE] 02:43:36 H. Goins: Hi. My name is Hannah Goins [ph], and I'm a member of the Lumbee Tribe of North Carolina, the state recognized tribe that Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 94 wasn't notified about the pipeline being here. I wasn't going to speak today because I have really bad anxiety, so please forgive me if I stumble or stutter or whatever. But I am a student at the University of North Carolina at Pembroke. And I study American Indian studies. And I was a flood victim. I have a couple of friends that spoke [ph] that went to different universities, and they were members of the tribe, and they talked about, you know, the different resources. And we all know that there are different resources, there are different avenues that we can take. But my apartment was flooded because of Hurricane Matthew. We never thought that was going to happen. We thought we would just be rained out that day. 02:44:26 And I woke up from going to a party the night before, and my best friend who is really quiet, never speaks, was screaming. And she was crying. And didn't know what was happening. So she is waking me up at 10:00 on a Saturday, and I'm confused. You know, we're supposed to be sleeping in, and I'm like, "What? What the hell?" And so I tried to get out of my bed and step into water. And there's inches of water. So we're rushing to get everything we can packed away, our laptops, our phones, our clothes. And just about everything was destroyed. 02:45:03 And I'm really thankful that the water that I did step into and the water I had to walls through and move my car through and Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 95 walls to get to the other side of town where her family was wasn't contaminated, because a lot of that water got into my mouth. It got into all of my clothes. There was mold. There was mold in my car. And I hate to know that that would happen again and the side effects could be lethal to me, to my friends, to my family. 02:45:38 I think about Robeson County and how we were without water for about a week without electricity and water and gas and how all of us were just so distraught. We didn't know what to do without these things that are so common to us. And I hate to think that we're ever in that position where we have to do that everyday to where I'm in a position where is or various other places across the country, especially for something we didn't ask for, something that's not helping us. 02:46:11 So I ask that you think about the native people who—we talk about looking at history—have been historically unrepresented [ph], taken advantage of, and forgotten for the most part. So I ask that you deny this because it's not helping us, and we didn't ask for it. Thank you. [CHEERS] [APPLAUSE] 02:46:49 Wrenn: I think we've got time for one more. The one lady who just spoke, could you make sure that you see us afterwards so we could get your name? H. Goins: Hannah Goins. Wrenn: Goins? Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 96 H. Goins: G -O -I -N -S. Wrenn: Thank you very much. 02:47:08 M: Yes, I'm Reverend , and I wanted to just finish my comments. I apologize. The minister, some of us speak longer than even at our congregation likes sometimes [ph]. I just want to comment on the nativeI live in the Lumbee community. My spouse is Lumbee. And the two of us have been working on many social issues. I don't call myself an environmentalist. I call myself a community practitioner. Just like a nurse practitioner or anyone else who is constantly learning and practicing their calling, their vocation that the great spirit has given us. 02:47:47 But, you know, no other pipeline, gas or oil pipeline in the history of the United States has ever impacted as many Native American people as this proposed pipeline. 30,000 native people live along this route. There has been no discussion of it, no respect for any of the tribes by these companies or the state to come in. And it's not—and I think our county manager was here maybe. M: He's already left. M: I had to speak before a county manager last night, our county commissioners whom I've worked with for 40 years in private - public partnership. And every major environmental proposal that's come before our region, not just our county—in southeastern Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 97 we've had many [ph] we always work together, and we had public hearings. 02:48:43 When the ACP came, because of the power that they had all this was done behind the scenes. And until the newspaper published it Sunday, we didn't know that the condition use permit was on the agenda for the meeting. And the commissioners never held any public hearing about it. The tribes have not held. They're intimidated too, frankly. And so as someone said—Nick said earlier, this is the first meeting in three years where we as the public have been able to listen to each other. FERC can go into the private room with a recorder. When they had their they talk about three years of coming to our communities for meetings. All those meetings they meet one-on-one with you. And it's a power dynamic. 02:49:33 You know, you've got an expert corporate person or a lawyer talking to a grassroots citizen. That is not a respectful, equal relationship. So this is the first meeting. So I want to thank DEQ. I also want to say how are we ever going to move this state to protect our quality of water? We know how we have to do it. We have to get totally off fossil fuels. We know that. So what we did as a state—and I'm so proud of this—and a country when they wanted to build multistate regional, low-level radioactive waste facilities—and North Carolina picked the lottery and we were Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder 1 Page 98 accepted for that [ph]. All the groups got together across the state and the religious groups, and we said, "You know, dumping it in the ground is not the thing to do." 02:50:27 So we looked around the world. And in Europe they were storing it above ground in monitored retrievable storage units at the nuclear power plants, so that what we proposed. And that's what's been done. And that's the best solution. Building a gas pipeline will make us dependent on the worst form of fossil fuel for Eastern North Carolina. It'd be better to build coal plants than to build this pipeline because it directly impacts the water. When coal is burned, it throws it off into the wind and it lands in the bottom of our rivers, and only certain fish are impacted by it. This will impact us more than all the coal plants ever build in the country. And we're never ever going to end this dynamic. And the state now has an opportunity to deny this pipeline, which is the best incentive to get Duke power to quit lobbying our legislature against renewable energy and start supporting it. [APPLAUSE] 02:51:29 You have in your hands the very incentive to protect the water, which is your duty, and to finally help guide and direct North Carolina to move to protect all the future water we have by stopping this one pipeline. [APPLAUSE] 02:52:01 Wrenn: If you did not speak tonight but would like to submit written comments, they will be accepted until 5:00 p.m. on August 19tH Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com NC DENR ACP _July18_PublicHearing_Recorder I Page 99 2017. Written comments should be submitted to the email address or postal address found at the handout available at the registration desk. Based on the public comments received and information submitted in the application, I will make a recommendation to the director of the Division of Water Resources for his consideration making a final decision on whether to issue or deny this application. 02:52:27 I would like to thank all of you for your attendance and interest tonight. This hearing is adjourned. F: Thank you. F: Thank you. F: Thank you. [APPLAUSE] [OVERLAPPINGINDISCERNIBLE] [END RECORDING] Transcript prepared by Rogers Word Service 919-834-0000 www.rogersword.com