20140957 Ver 2_ACP- Response to request for comment regarding 401 application_20170818

Strickland, Bev
From:Burdette, Jennifer a
Sent:Friday, August 18, 2017 2:17 PM
To:SVC_DENR.publiccomments
Subject:ACP- Response to request for comment regarding 401 application
From: Amy Edge \[mailto:[e-mail]\]
Sent: Friday, August 18, 2017 2:14 PM
To: Burdette, Jennifer a <[e-mail]>
Subject: ACP- Response to request for comment regarding 401 application

Dear Ms. Burdette:

Tar River Land Conservancy (TRLC) is responding to the request for comments regarding the application by Atlantic Coast
Pipeline, LLC, to the N. C. Division of Water Resources (DWR) for a 401 Water Quality Certification and Buffer
Authorization, pursuant to Section 401 of the Federal Clean Water Act and Title 15A NCAC 02H .0500, 02B .0233 and 02B
.0259.

TRLC is a regional land trust located in Louisburg, North Carolina. We were founded in September 2000 to address the
unmet land protection needs of the Upper Tar River Basin, which includes the counties of Person, Granville, Vance,
Franklin, Warren, Halifax, Nash, and Edgecombe. Contained within the Tar River Basin are the Tar River and several
significant tributaries, including Fishing Creek, Swift Creek and Stoney Creek. TRLC has invested significant resources
into the protection of land along the river and these creeks because they host several federally endangered fresh water
mussel species, several federal aquatic species of concern, and a number of state-identified aquatic species of concern.

TRLC is commenting on the Atlantic Coast Pipeline project (ACP) because the maps of the pipeline’s path reflect that the
pipeline will be crossing the Tar River, Fishing Creek, Swift Creek and Stoney Creek. The Board of Directors of TRLC and
its professional staff are concerned about the pipeline crossing these waterways. We believe that a high level of scrutiny
is required and that a significant mechanism should be in place to assess the damage to the water quality of the river
and each of the creeks that will be crossed by the ACP. We request stringent certification for the ACP, and that there be
a certification for each crossing versus a blanket certification for all of the crossings.

The main stem of the Tar River flowing from Vance County to Edgecombe County is home to the following federally
endangered species (E) and federal species of concern (FSC): Tar River Spinymussel (Elliptio steinstansana) (E), Yellow
Lance (Elliptio lanceolata)(FSC), Atlantic Pigtoe (Fusconaia masoni) (FSC), Yellow Lampmussel (Lampsilis cariosa), Green
Floater (Lasmigona subviridis) (FSC), Roanoke Bass (Ambloplites cavifrons) (FSC), and Carolina Madtom (Noturus
furiosus)(FSC). Fishing Creek is the largest tributary of the Tar River. In addition to the species listed above, Fishing
Creek supports a population of the federally endangered Dwarf Wedgemussel (Alasmidonta heterodon).
Stoney Creek and Swift Creek are also tributaries of the Tar River. Stoney Creek is home to the Dwarf Wedgemussel,
Yellow Lance, and Yellow Lampmussel described above. The Tar Spinymussel has historically been located in Swift
Creek. State recognized species of concern contained in the Tar River and its tributaries include the North Carolina Spiny
Crayfish (Orconectes carolinensis), Notched Rainbow (Villosa constricta), and Neuse River Waterdog (Necturus lewisi).

The impacts to the aquatic species by the construction of the pipeline will extend beyond the immediate location of the
pipe. The flow of water and the movement of species will be disrupted during the pipeline’s construction, both
upstream and downstream. Additionally, any construction within the river or creeks, along their banks, or on properties
adjoining the waterways will impact species downstream by adding silt and altering the flow of the water. These
changes will disrupt the delicate balance of temperature, turbidity, and flow needed by the aquatic species to
survive. Each crossing represents a unique threat to the species located at or near each crossing. Therefore, we believe
1

there should be a certification at each crossing which reviews the impact to the water quality and to the species at that
crossing.

We request that DWQ consider the impacts of this pipeline to the federally endangered species, federal species of
concern, and state identified species of concern located at each waterway crossing along its route. Tar River Land
Conservancy, which has spent significant resources over fifteen years to protect the waters of the Tar, its tributaries, and
surrounding lands, and the citizens of North Carolina deserve no less.

Sincerely Yours,

Amy Edge
General Counsel, Tar River Land Conservancy

Amy R. Edge, Esq.
Tar River Land Conservancy
P.O. Box 1161
Louisburg, NC 27549
Phone: [phone]
Cell: [phone]
Fax: [phone]
www.tarriver.org

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for
the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter
addressed herein.

This email and its attachments are intended only for the use of the individual or entity who is the intended recipient and may
contain information that is privileged, confidential and exempt from disclosure or any type of use under applicable law. If the reader
of this e-mail is not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of this
e-mail is strictly prohibited. If you have received this email in error, please reply immediately to the sender.

2