20140957 Ver 2_Updated DMS Letter_20171129

Burdette, Jennifer a
From: Stephanie Collins <[e-mail]>
Sent: Wednesday, November 29, 2017 12:32 PM
To: Higgins, Karen; Burdette, Jennifer a
Cc: Spencer Trichell
Subject: [External] DMS Acceptance Letter for ACP
Attachments: Atlantic Coast Pipeline DMS Acceptance Letter revised 100617.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Good Afternoon,
Please see the most recent acceptance letter we've received for the ACP project in North Carolina, dated October 6, 2017.
At this point, the impacts that DMS accepted on this letter should match ERM's impacts that were submitted in their
supplement, with the exception of Neuse 01. The impacts in this letter are more than the updated acreage in this watershed
now that the Neuse River is being HDDed.
Please let me know if you have any questions or need anything else from us. Thanks!
Stephanie Collins
Regulatory Specialist
RES I res.us
Direct: 804.729.8994 1 Mobile: [phone]
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and
may contain confidential and privileged information or otherwise protected by law. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the
original message.

Mitigation Services
ENVIRONMENTAL QUALITY
October 6, 2017
Leslie Hartz
Atlantic Coast Pipeline, LLC
707 E. Main St., 19th Floor
Richmond, VA 23219
ROY COOPER
Goventor
MICHAEL S. REGAN
Secretai t
Project: Atlantic Coast Pipeline Expiration of Acceptance: April 6, 2018
Counties: Northampton, Halifax, Nash, Wilson, Johnston, Sampson, Cumberland, Robeson
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept
payment for compensatory mitigation for impacts associated with the above -referenced project as indicated in the
table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation
program or the acceptance conditions will be approved by the permitting agencies as mitigation for project
impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS
under the conditions stated below will be approved. You must also comply with all other state, federal or local
government regulations or authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit1401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of
the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made
prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated
based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact
amounts shown below. "DMS is willing to accept payment for the mitigation required under the conditions indicated
below based on credit availability.
State of North Carolina I Environmental Quality I Mitigation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000
919 707 8976 T
Stream Impact Wetland Impact Buffer Buffer
River Basin
CU Location (feet) (acres) Impact (W) Impact (ft)
(8-digit HU C)
Warm Riparian Non-Ri avian Zone 1 Zone 2
Chowan
03010204* 1 0 6.56
1.49* 0 0
*DMS proposes to use in-kind closed -out surplus credits from Pasquotank 03010205 for the Chowan 04 non -riparian wetland impacts.
Roanoke
03010107 0
1.76 1.15 0 0
03020102 0
9.43 5.07 73,084 54,610
Tar -Pamlico
03020101* 0
10.14* 6.21 71,494 69,590
*DMS proposes to use closed -out surplus riparian credits from Tar -Pamlico 03020102 for the riparian wetland impacts.
03020203 0
6.7
10.53
52,734 58,274
Neuse
03020201* 63 10.01 20.89* 114,544 95,141
*in accordance with the directive from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountains and piedmont
areas of North Carolina can be accepted as requested, but mitigated utilizing riparian wetland mitigation credits and invoiced using the
noarian wetland fee schedule.
Cape Fear 03030004 1 61 1.11 0 0 0
03030006* 0 9.51' 16.63 1 0 10
*DMS proposes to use closed -out surplus riparian credits from Cape Fear 03030005 for the Cape Fear 03030006 riparian impacts.
Lumber 1 03040203 0 1 10.37 I 13.32 1 0 1 0
State of North Carolina I Environmental Quality I Mitigation Services
1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000
919 707 8976 T

Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation assigned to DMS.
The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 0213 .0295 as applicable.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly Williams at [phone].
Sincerely,
as.B Stanfill
anagement Supervisor
cc: Stephanie Collins, agent