HomeMy WebLinkAbout20140957 Ver 2_ACP_hearing officers rept_01222018_FINAL_20180122January Z2,3818
MEMORANDUM--�����
To: Linda Culpepper � �������----- ---- -------- -
|nt8hrnDirector, Division 8fWater Resources ------------'---'- -- — ------
Fro R1: Brian Wrenn, Ecosystems8nanch Supervisor
Division ofWater Resources, Water Sciences Section
Subject: Hearing Officer's Report and Recommendations
Atlantic Coast Pipeline, LLC
Individual 401 Water Quality Certification and Buffer Authorization Certificates
Northampton, Halifax, Nash, Wilson, Johnston, Sampson, Cumberland, and Robeson
Counties
| served as the Hearing Officer for the subject Public Hearings held at the Fayetteville Technical
Community College in Fayetteville, NC on July 18, 2017 and at the Nash Community College in
Rocky Mount, NC on July 20, 2017. The public hearings were held under the authority of Title 15A
NCACD2H.OSO4.The purpose ofthese public hearings was toreceive comment onthe Division
of Water Resources' 401 Water Quality Certification (40I VV{}C) and buffer authorization
certificates application (Appendix A)submitted byAtlantic Coast Pipeline, LLC (ACP). A4O1VVQC
and buffer authorization certificates are needed to construct a natural gas pipeline through
Northampton, Halifax, Nash, Wilson, Johnston, Sampson, Cumberland, and Robeson Counties.
In addition to listening to oral comments at the public hearings, | have reviewed all written
comments received prior, during and after the public comment period. In preparation of this
report, I have considered all of the public comments, the public record, discussions with Division
of Water Resources (DWR) staff related to the rules, and their review of the applications for the
project.
The report has been prepared using the following outline:
L Site History/ Background
l|. July 18,IOl7Public Hearing Summary
|||. July 2[iZOl7Public Hearing Summary
|V. Comments
V. Recommendations
VL Summary
V||. Appendices
1, History/ Background
On May 9, 2017, Atlantic Coast Pipeline, LLC (ACP) submitted an application for a 401 WQC
and buffer authorization certificates. ACP had previously applied to DVVRon October 23,
2015. OVVR requested additional information on November 18, 20I5. The requested
information was not provided, therefore DVVRreturned the application onAugust 3l,2U1O.
ACP is proposing to construct and operate an approximately 605 -mile -long interstate natural
Carolina. In North Carolina, ACP is proposing to construct one compressor station and install
approximately 186 miles of transmission -pipeline and- appurtenances, including -3 -mete-ri-n - --
and regulating stations, 11 valve sites and 4 pig launchers/receivers, through Northampton,
Halifax, Nash, WIISCirl, Johnsion,-Sampson, Ctt15ertaffid- d-RoVeson'C6 nties.-_... .
ACP is proposing'over300 Crossings of streams and open waters, temporarily impacting over
35,000 linear feet and permanently impacting over 700 linear feet of stream. ACP is also
proposing crossing wetlands, temporarily impacting__ over 450 acres and ---- permanently
-----
impacting less than one acre of wetlands. ACP will impact protected riparian buffers within
the Neuse and.T__ar PamlicoRiver_basins,:-impacting over 655,000 s- uarefeet_of zone Land
over 459,000 square feet of zone 2 protected riparian buffer.
DWR requested and received additional information several times throughout the application
review process:
Data
Action
June 27, 2017
Req. for Add Info (1)
July 12, 2017
Add Info Received (1)
September 14, 2017
Req. for Add Info (2)
September 22, 2017
Add Info Received (2)
October 2, 2017
Add Info Received (2)
October 13, 2017
Add Info Received (2)
October 26, 2017
Req. for Add Info (3)
November 4, 2017
Add Info Received (3)
November 15, 2017
Add Info Received (3)
November 28, 2017
Req. for Add Info (4)
November 29, 2017
Add Info Received (4)
December 8, 2017
Add Info Received (4)
December 14, 2017
Req. Correction to (4)
December 20, 2017
Add Info Received (4)
January 17, 2018
Add Info Received
January 18, 2018
Add Info Received
Under the authority of Title 15A NCAC 02H .0504, DWR held a public comment period from
June 16, 2017 until August 19, 2017 to accept public input on the application. The public
comment period included two public hearings described below.
In accordance with Title 15A NCAC 02H.0503, notice of the public hearings and availability of
the 401 WQC and riparian buffer authorization certificates application was published in The
Fayetteville Observer, the News & Observer, the Rocky Mount Telegram, the Roanoke -
Chowan News -Herald, the Robesonian and the Wilson Times on June 17, 2017, in the Daily
Herald and the Sampson Independent on June 18, 2017, and posted online and sent by mail
to the Water Quality Certification Mailing List on June 16, 2017 (Appendix B). A correction to
the public notice to correct a typo in the pipe diameter was posted online on June 19, sent to
the mailing list on June 20, and issued in the newspapers on June 21 and 22 (Appendix C).
2
The public comment period ended on August 19, 2017; however, since August 19th was a
Saturday, DWR accepted comments through Monday, August 21. -
11. July 18, 2017 Public
A public hearing was held July 18, 2017, at 6 p.m. at the Fayetteville Technical Community
College in Fayetteville, NC. The public hearing was held under the authority of Title 15A NCAC
02H .0504. This was a public hearing to receive public comment for the DWR 401 WQC
application (Appendix A) submitted by ACP in order to construct a natural gas pipeline
through Northampton, Halifax, Nash, Wilson, Johnston, Sampson, Cumberland, and Robeson
Counties.
One hundred thirty-nine people attended the July 18 public hearing, including eight staff
members from the Department. A total of 131 individuals signed the attendance sign -in
sheets at the registration table (Appendices D and I=). The hearing officer provided opening
remarks and Jennifer Burdette, DWR, presented background information on the 401 WQC
process and the proposed application before the hearing was opened for public comment.
Forty-four individuals registered in advance of the hearing to provide comments, and two
additional individuals made comments for a total of 46 speakers. Speakers were given three
minutes for initial presentations. Additional time was allowed for speakers after everyone
that registered to speak was finished, which was used by three speakers. The list of speakers
is included (Appendix E).
The public hearing transcript, including oral comments, is attached to this report (Appendix
H). DWR also received approximately 9,600 written comments during the public comment
period from local and state government agencies, individual citizens, and citizen groups
(Appendix J). Approximately 8,220 comments were opposed to the project and
approximately 1,370 were in favor. Some of the comments were written transcripts of the
comments provided during the public hearings. A summary of the comments for both
hearings and the comment period, along with detailed responses that have a direct impact
on the certification decision making process are included in Sections IV and V below.
1 ! •
A second public hearing was held July 20, 2017, at 6 p.m. at the Nash Community College in
Rocky Mount, NC. The public hearing was held under the authority of Title 15A NCAC 02H
.0504. This was a public hearing to receive public comment for the DWR 401 WQC application
(Appendix A) submitted by ACP in order to construct a natural gas pipeline through
Northampton, Halifax, Nash, Wilson, Johnston, Sampson, Cumberland, and Robeson
Counties.
One hundred seventy-six people attended the July 20 public hearing, including eight staff
members from the Department. A total of 168 individuals signed the attendance sign in
sheets at the registration table (Appendices F and G). The Hearing Officer provided opening
remarks and Jennifer Burdette, DWR, presented background information on the 401 WQC
process and the proposed application before the hearing was opened for public comment.
Sixty-five individuals registered in advance of the hearing to make comments. Speakers were
C
given three minutes for presentations and the hearing was held open an additional thirty
minutes to alleakersia—nc|uded
(Appendix G).
The public hearing transcript, including oral comments, is attached tuthis report (Appendix
U. OVVR also received
period from local and state government agencies, citizens and citizen groups (Appendix ]).
Approximately 8,22Ucomments were -opposed -to the 1p 'ectandrnmtedy1,37(Jvver«*--- -
in favor. Some of the comments were written transcripts of the comments provided during
the public hearings, A'su0nm0aryoftheIon00usmtsfor both hearings and the comment period,
along with detailed responses that have a direct impact on the certification decision making
process, are included inSections |Vand \/below.
IV. General Comments
The following is a summary of the comments received during the July 18, 2017 and July 20,
2017 public hearings and ernai|s and other written comments received by DVVR during the
public comment period. Comments received outside of the public comment period were
made part of the public record. An overwhelming majority of the comments were in
opposition tothe pipeline for avariety ofreasons.
�
Many comments received expressed mVmcema about the continued use of fossil fuels,�
specifically frackadnatural gas, and their negative impact onclimate change. Manythink
@[ and the US should be moving toward the use of renewable energy sources.
Proponents ofthe project beUexethatnaturm|gmsisa"c|ean"fue|op1iontorep|ace coal
and other fossil fuels.
These comments are outside of the evaluation criteria established /n N.C.
Administrative Codes for the 40WQ[and Buffer Authorization Certificates review
and should be directed bJthe Federal Energy Regulatory Commission (FERC).
°
Many comments received were skeptical of ACPs promotion of the project as a job
creation opportunity and economic stimulator for local communities. Several pointed
out that A[P'sown job creation estimates are very low and that the economic benefits
to local communities are vague. Proponents ofthe project reiterated that the pipeline
vvuu|d brin8'obnand economic development toNC.
These comments are nuts/de of the evaluation criteria established /n N.C.
Administrative Codes for the 401N0[and Buffer Authorization Certificates review
and should bedirected to the N[Department nfCommerce.
* Many comments received expressed concerns about the cumulative impacts analysis
provided by ACP. Many believe that the analysis did not contain sufficient detail to
properly evaluate the cumulative impacts. Some comments indicated that the
temporary impacts from the project should be considered in the cumulative impact
analysis and that the sheer volume of temporary impacts should be calculated to equal
some level ofpermanent impacts.
Cumulative impacts are addressed /nSection Vbelow. Further comments should be
directed to the U.S. Army Corps of Engineers (Corps).
4
* Many comments received questioned the purpose and need of the project. Maoy
pointed to evidence that the growth of natural gas markets was estimated to be
negligible and questioned the need to build such a large and expensive pipeline, Many
noted that the market demand was generated through companies owned or affiliated
with DukG-and Dominion power companies and thatthe need was self-serving rather
than one identified through public interest. Furthermore, several commenters stated — ---
that the purpose of economic benefit was misleading as 4CP'S own estimates predict
little permanent job growth aseresult nfthe project.
These comments are outs/de of the evaluation criteria established in hi[
Administrative Codes for the 401 WQ[ond Buffer Authorization Certificates review
and should bedirected toFERC and the Corps.
�
Many comments received expressed concerns about environmental justice issues
associated with pipeline's construction and operation. Many believe that the pipeline will
have a disproportionate impact on low-income and rninDrbv communities. Many
commenters feel that ACP has not made significant efforts to coordinate with these
communities or to consider other routes that would reduce the impacts on these
communities. Specifically, several commenters mentioned ACP's lack of coordination
with state -recognized tribes such as the Lonnbee and Ho|ivva-Saponi. Furthermore, they
do not believe ACP has adequately addressed potential impacts to cultural resources
along the pipeline route.
Environmental Justice is addressed /oSection Vbelow. Further comments should be
directed toFERC.
w
Several commenters expressed opposition toACP' use ofeminent domain to obtain
ri0ht-of-u«m«for the pipeline.
These COrnrnBntS one outs/de of the evaluation criteria established /n N.C.
Administrative Codes for the 401 WQC and Buffer Authorization Certificates review
and should bedirected tDthe NCAttorney General's Office.
�
Several commenters raised concerns about Duke Power's past record ofnon-compliance
with environmental regulations and permits.
Compliance Inspection recommendations are addressed in Section V below.
� Severa\cornrnentersr8isedC0nCernsebOutlivingvvithhnthe'~blaStzone''ofthepip8Une
and questioned ACP~sliability response should anexplosion occur. Others believe that
the pipeline is a safe and efficient way totransport natural gas.
These comments are outside of the emz/wot/on criteria established /n N.C.
Administrative Codes for the 401 W}Cand Buffer Authorization Certificates review
and should bedirected toFERC
�
Many comments received expressed concerns overACP'5 potentialimpacts bawater
____ �
quality from erosion and sedimentation. Many commenters feel that ACP'serosion and
sedimentation control plan isinadequate and lacks sufficient detail. Others believe that
trenching through streams and wetlands will have a negative effect on stream stability
and threaten wildlife. Concerns over blasting effects were also raised.
Water Quality is addressed in Section V below.
5
• Many comments received expressed concerns over impacts to wildlife, specifically
threatened and-end-anger€d-species:._.-Many--fait--that the construction activities --could
destroy critical habitat and primary nursery areas for a variety of terrestrial and aquatic
species. Otherspelt'that-the exterfsive coordination process with the US Fish and Wildlife
Service and NC Wildlife Resources Commission (NCWRC)_has adequately addressed any
potential impacts.
Aquatic species are addressed in Section V below. Further comments should be
directed to NCWRC.
• Many commenters believe that the 401 WQC application is incomplete. They pointed
to the lack of erosion and sedimentation control plans and site-specific water body
crossing details as evidence that necessary information was missing from the
application. In contrast, some commenters believe that the ACP project has gone
through an extensive regulatory review process.
The Division requested additional information multiple times as detailed in Section l
above.
• The overwhelming majority of comments received raised concerns over the degradation
of ground and surface waters as a result of the construction and operation of the
pipeline. Many commenters mentioned the large number of streams and wetlands that
would be crossed by the pipeline and raised red flags regarding the large amount of
temporary and permanent impacts. They connected these impacts with the degradation
of downstream uses including drinking water supply, aquatic life, primary and secondary
contact recreation, and fisheries. Furthermore, commenters spoke in detail of the loss
of wetlands through temporary impacts. Many felt the temporal and permanent
vegetation changes from temporary wetland impacts should be considered permanent
wetland impacts. Finally, many comments were made regarding potential impacts to
drinking water wells. A significant level of concern was present among the commenters
about impacts to wells from construction activities (mainly blasting activities) and
operation of the pipeline.
Degradation is addressed in Section V below.
V. Certification Specific Comments and Recommendations
Based on the review of public comments, the application, the North Carolina General Statutes
and Administrative Code, and discussions with DWR staff, I offer the following comments and
recommendations on the criteria for issuance of a 4011 WQC pursuant to 15A NCAC O2H
.O5O6(b) and the issuance of Neuse and Tar -Pamlico River Basin Buffer Authorization
Certificates pursuant to 15A NCAC 02B.0233 and 15A NCAC O2B .0259, respectively.
15A NCAC 02H.0506(b)
(1) Has no practical alternative under the criteria outlinedin Paragraph (f) of this Rule..
Paragraph (f) states: "A lack of practical alternatives may be shown by demonstrating
that, considering the potential for a reduction in size, configuration or density of the
proposed activity and all alternative designs the basic project purpose cannot be
A
practically accomplished in a manner which would avoid or result in less adverse
impact tosurfacewaters or wetlands."
The project proposes to construct a pipeline to transport natural gas from West Virginia and
Pennsylvania through Virginia and North Carolina. The North Carolina portion of the
proposed route will be constructed through Northampton, Halifax, Nash, Wilson, Johnston,
Sampson, Cumberland, and Robeson Counties. As part of the Federal Energy Regulatory
Commission (FERC) National Environmental Policy Act (NEPA) analysis, ACP investigated
several alternatives to meet the purpose and need of the project including no build, alternative
energy, energy conservation, and system alternatives. Of these alternatives, FERC and ACP
found that the build alternative best met the purpose and need of the project.
Next, ACP conducted an extensive alternatives analysis on potential route locations including
collocation of the ACP with existing pipelines as well as Eastern and Western route
alternatives. Ultimately, ACP chose the Eastern route as the best option based on the
evaluation of a variety of criteria such as project length and human and natural resources.
ACP continued to refine the Eastern alternative balancing a variety of human and natural
environmental resources such as public lands, roads, conservation easements, forested lands,
streams and wetlands, known historical and cultural resources, and homes and businesses.
Development of the proposed pipeline route included the analysis of seventeen major route
alternatives and thrity-seven minor adjustments in the North Carolina portion of the project
in an effort to avoid and minimize impacts to these resources. This analysis included pre- and
post -application communication with DWR and NC Wildlife Resources Commission (NCWRC)
on avoidance and minimization opportunities. ACP has continued to refine the avoidance and
minimization practices in response to additional information requests from DWR and through
environmental commitments. A more detailed discussion of avoidance and minimization can
be found below.
Recommendation: None. The applicant has sufficiently demonstrated that there is no
practical alternative that can accomplish the project's basic purpose with less adverse impact
to surface waters or wetlands.
(2) Will minimize adverse impacts to the surface waters based on consideration of
existing topography, vegetation, fish and wildlife resources, and hydrological
conditions under the criteria outlined in paragraph (g) of this Rule.
Paragraph (g) states: "Minimization of impacts may be demonstrated by showing that
the surface waters or wetlands are able to continue to support the existing uses after
project completion, or that the impacts are required due to:
(1) The spatial and dimensional requirements of the project; or
(2) The location of any existing structural or natural features that may dictate the
placement or configuration of the proposed project; or
(3) The purpose of the project and how the purpose relates to placement,
configuration or density.
The applicant has minimized impacts to surface waters and wetlands to the greatest extent
practical. The permanent impacts will be 766 linear feet of streams and 0.80 acres of
wetlands. The permanent impacts related to streams and wetlands will be a result of
7
upgrading and improving access roads constructed for installation and maintenance of the
pipeline, not from the pipeline itself. All crossings of major rivers will be conducted using
horizontal directional drilling (HDD) to avoid open trenching. The magnitude of the temporary
impacts is very high but within reason considering the size and scope of the project. The
applicant will use a narrower construction corridor when crossing wetlands and construction
techniques such as timber matting, temporary work bridges, and clean rock over piping to
minimize temporary impacts to streams and wetlands. Temporary impacts to streambonks
and wetland areas will be restored to the original contours and revegetated with native
plants. ACP will monitor any temporary impact areas in streams or wetlands to ensure there
is no permanent loss at these locations. The monitoring plan includes monitoring for a
minimum of two years for streams and three years for wetlands with stability, vegetation, and
hydrology requirements. Upon successful completion of the restoration and monitoring
activities, the stream and wetland impact areas will continue to support existing uses of
hydrology, vegetation, and aquatic and wildlife habitat.
The applicant has committed to a number of best management practices to avoid and
minimize impacts to streams and wetlands.
• Demarcation of wetland boundaries with flogging and signs prior to start Of
construction
• Use of temporary work bridges, matting and pods to reduce the risk of soil compaction
• Trench backfilling using native material to prevent soil contamination and to
accelerate revegetation
• Limiting operation of construction equipment in wetlands to only that necessary for
clearing, excavation, pipe installation, backfilling, and restoration
• Installing trench breakers or plugs at the boundaries of wetlands to prevent draining
of wetlands
• Pump -out activities in the work area will be routed through an energy
dissipation/sedimentfiltration device prior to discharging to waterbodies
• Use of a project -specific invosive plant species management plan
• Stump removal, grading, and excavation will be limited to the area immediately over
the trench line to maintain native seed and rootstock
• Coating for concrete -coated pipe will be conducted at least 100 feet from surface
waters and springs
• Prohibiting use of live concrete as a building material so that wet concrete does not
come in contact with surface waters
• Prohibiting storage of chemicals, fuels, hazardous materials, and lubricating oils
within 100 feet of surface waters
• Voluntarily implementing the requirements of the Construction Stormwater General
Permit No. NCG010000
• Use of horizontal directional drilling for all major river crossings
• Implementation of a Spill Prevention, Control, and Countermeasure plan and a
Horizontal Directional Drill Drilling Fluid Monitoring, Operations, and Contingency
plan
N.
ACP has completed formal consultation with US Fish and Wildlife Service (USFWS) on
threatened and endangered species along the corridor. In an October 16, 2017 biological
opinion, USFWS did not identify any threatened and endangered species or sensitive habitat
in NC along the proposed corridor. ACP has also coordinated extensively with the NCWRC.
This coordination began with the alternatives analysis and site-specific routing of the pipeline.
ACP worked with NCWRC to avoid threatened and endangered species and sensitive habitats
and to develop relocation protocols for fish and mussels. ACP conducted pre -construction
surveys for fish and mussels in the Neuse River at the proposed crossing location. These
surveys found that the mussel population was much more abundant and diverse than
previously known. This survey and the continued coordination with NCWRC resulted in ACP"s
revised proposal to use HDD at the Neuse River instead of open trenching. ACP has also
developed a relocation plan for fish and mussels in coordination with NCWRC.
Recommendation: The applicant has sufficiently demonstrated that impacts to surface
waters and wetlands are required due to spatial considerations, natural features and the
purpose of the project. The 401 WQC should include requirements for monitoring of
temporary impact areas in accordance with the proposed restoration and monitoring plan.
The certification should also include reopener language in the event that temporarily
disturbed wetland areas do not return to wetland conditions as defined by the 1987 US Army
Corps of Engineers (Corps) Wetland Manual and confirmed by a Corps representative. The
reopener language should require a modification to the 401 WQC to account for the additional
permanent impacts and mitigation for all permanent wetland impacts should the permanent
impacts exceed 1.0 acre. Furthermore, the 401 WQC should be conditioned to comply with
any work moratoriums suggested by NCWRC for the proposed project as well as the fish and
mussel relocation plan.
(3) Does not result in the degradation of groundwaters or surface ►maters.
The main risk to surface and groundwater from the ACP project will be during construction
activities. These risks include sedimentation and turbidity in surface waters, breaches of
drilling fluids during HDD, and spills of petroleum products and hydraulic fluids from fueling
and equipment maintenance. In addition, some commenters raised concerns regarding
impacts to drinking water wells from trenching and blasting activities associated with the
pipeline installation and from possible contamination due to pipeline leaks during operation.
The applicant has committed to working in the dry for all stream and wetland crossings unless
site-specific conditions warrant working in wet conditions and the applicant obtains prior
written approval from DWR. Proper erosion and sedimentation control measures will be
required for the entire project in accordance with the Division of Energy, Mineral and Land
Resources (DEMLR) sedimentation and erosion control Certificate of Plan Approval. All
temporary fill placed in surface waters related to construction of the pipeline will be removed
once installation of the pipeline is completed at the crossing. The stream banks or wetlands
will be restored to the original contours and revegetated with a native seed mix to prevent
erosion. Only in areas where vegetative stabilization is not successful will hardened
stabilization (rip -rap, geogrid, etc.) techniques be used. No hardening will be placed below
V
the ordinary high water mark. Furthermore, the applicant has voluntarily agreed to meet the
requirements of the NPDES Construction Activities General Permit No. -NCGO10000.
The applicant will store chemicals, fuels, hazardous materials, and lubricating oils and conduct
all equipment and vehicle fueling and maintenance at least 100feet from surface waters and
200feet from private drinking water wells. In situations where equipment must continue to
operate during fueling activities such as dewatering pumps near surface waters, secondary
containment structures will be used to prevent any spillage from reaching the surface waters.
The applicant has conducted a desktop survey to identify a// known drinking water wells within
150 feet of the pipeline construction corridor. Almost 50 private drinking water wells were
located in NC. The applicant proposes to test each well prior to construction for a suite of
parameters including pH, total suspended solids, total dissolved solids, conductivity, alkalinity,
acidity, sulfates, oil/grease, phenolic, iron, manganese, aluminum, fecal coliform, copper,
lead, nickel, silver, thallium, zinc, chromium, arsenic, mercury, selenium, cyanide, calcium
magnesium, hardness, chlorides, antimony, cadmium, and beryllium as well as well yields.
These tests will provide a baseline of groundwater quality and quantity against which to
measure any construction -related impacts. In the event that blasting will occur within 500
feet of a drinking water well, the applicant proposes to conduct pre -blasting monitoring for
the parameters listed above. Should the applicant receive a complaint regarding damage to
well water quality or quantity, the applicant proposes to conduct post -construction well
testing of the some parameters to verify no adverse impacts have occurred. Furthermore, in
the event that adverse impacts do occur as a result of construction activity, ACP has
committed to providing temporary water supplies, and/or a new water treatment system or
well.
Operation of the pipeline is not expected to have adverse effects on surface waters and
groundwater. Any post -construction storm water generated as a result of impervious surfaces
installed during construction are subject to state and local stormwater requirements. ACP has
committed to using sheetflow and existing stormwater conveyances and drainage ditches. No
curb and gutter stormwater management will be constructed. For impervious surfaces
constructed in areas with no state or local stormwater programs, these stormwater
management techniques will be protective of water quality.
Many commenters raised concerns about leaks from the pipeline impacting groundwater. The
pipeline will be transporting dry natural gas which is not soluble in water. Liquids contained
in the gas are removed at a natural gas processing plant prior to transport and at liquid
separators at compressor stations. Any remaining liquid will be de minimus and is not likely
to impact groundwater.
Recommendation: The project is not expected to violate water quality standards if the
conditions in the 401 Water Quality Certification are fully complied with by the applicant (or
its successor). The 401 WQC should be conditioned to require full compliance with the
following permits:
• Certificate of Plan Approval No. Cumbe-2018-036, issued by DEMLR, Fayetteville
Regional Office
• NPDES Permit No. NCGO10000 issued by DEMLR
10
The 401 WQC should also be contingent on the issuance of a sedimentation and erosion
control Certificate --of Plan Approval issued by DEMLR, Raleigh -Regional Office and upon
issuance of appropriate state and local stormwater permits. FERC NEPA and 401 WQC
application documentation indicates that the applicant has agreed to conduct pre -
construction water quality testing for drinking water wells within 150 feet of the pipeline
construction corridor and within 500 feet of blasting activities. -The 401-WQC should be
conditioned to require ACP to conduct pre- and post -construction testing of a// wells within
150 feet of the construction corridor and within 500 feet of blasting activities regardless of
whether a complaint is received. Should post -construction testing indicate that well water
quality or quantity has been impacted by the construction, ACP should be required to provide
temporary water supplies, andlor a new water treatment system or well. An independent,
qualified groundwater specialist should determine whether an impact has occurred or not.
The 401 WQC should be conditioned to require monthly ride -through inspections with
appropriate DWR and DEMLR staff to measure compliance with the respective certifications
and permits. The 401 WQC should also require a pre -construction meeting with the
construction contractors, ACP staff, and DWR and DEMLR staff to review the conditions and
requirements of the respective certifications and permits for clarity and understanding.
(4) Does not result in cumulative impacts, based upon past or reasonably anticipated
future impacts, that cause or will cause a violation of downstream water quality
standards.
Cumulative impacts are those impacts that would result from the incremental effects of the
project added to other past, present and reasonably foreseeable future activities (15A NCAC
01C.0103). This includes secondary impacts or impacts from future activities that occur as a
result of the proposed project. The proposed project for the most part will consist of
temporary water quality impacts from the installation of the pipeline. These impacts could
include sedimentation and temporary disturbance of aquatic and riparian habitat during
construction. Permanent impacts will occur in streams and wetlands from access road
improvements. The temporary and permanent impacts will be reduced through avoidance
and mitigation efforts, erosion and sedimentation control and stormwater best management
practices (BMPs), and spill prevention, control, and countermeasure practices. Any projects
occurring in similar locations to the proposed project will be subject to local, state, and federal
regulations that address stream and wetland impacts, stormwater management, and
watershed protection.
Almost 80% of the increased natural gas supply has been committed to natural gas power
plants. The remaining supply will be available for commercial, industrial and residential use.
However, only three distribution points or M&R stations will be constructed in NC. These M&R
stations will be located in Johnston, Cumberland, and Robeson Counties. Secondary
development as a result of the pipeline is likely to be focused around these distribution points;
therefore, water quality impacts are most likely in proximity to these areas. The applicant
conducted a qualitative analysis of the potential secondary and cumulative impacts in these
three counties.
M
In the qualitative analysis, the applicant completed an "indirect (secondary) and cumulative
effects screening matrix' where a series of parameters including scope of the project,
population growth, available land, water/sewer availability, natural gas availability, market
for development, public policy, and notable water resources were evaluated on their ability to
contribute to indirect and cumulative effects on water quality. Based on these ratings, areas
of potential growth and development were identified Thesegrowth areas—were--then-
compared in an action/no-action forecast where the differences in growth and development
between building the pipeline and not building the pipeline were determined. Areas that had
significant increases in growth and development from building the pipeline were mapped.
As discussed above, any new development projects will be subject to state and federal
regulations for impacts to streams and wetlands and erosion and sedimentation control.
However, stormwater management regulations are variable by location. Existing state and
local stormwater programs were overlain on the areas of potential growth identified in
action/ho-action analysis to predict the net impact to water quality resulting from secondary
development.
The action/ho-action analysis demonstrated that growth could significantly increase in
Johnston and Cumberland Counties if the pipeline is built. These areas have existing
infrastructure for water/sewer and transportation, are predicted to have population growth,
and have a number of shovel-ready development sites. Johnston and Cumberland Counties
are almost entirely covered by state and local stormwater programs and Johnston County is
subject to the Neuse River Nutrient Sensitive Waters Management Strategy. Any potential
water quality impacts due to growth in the area would be mitigated through these programs.
Most of Robeson County does not have state or local stormwater programs. Those that are
present are associated with High Quality Waters or Water Supply Watersheds and are limited
in area. However, the action/no-action analysis demonstrated that Robeson County is not
expected to have a significant increase in growth and development as a result of the pipeline.
According to ACPs analysis, locking infrastructure, population decline, and separation from
metropolitan areas has stunted growth in this area. Only one shovel-ready industrial site is
available in Robeson County, and it is located in the protected Water Supply Watershed and
would be subject to a local stormwater program. Water quality impacts from secondary
growth in this area would be minimal.
Recommendation: The project is not expected to result in cumulative impacts that violate
water quality standards, if the conditions in the 401 WQC are fully implemented by the
applicant (or its successor). The qualitative cumulative impacts analysis should be forwarded
to the NC Department of Commerce for informotional purposes.
(5) Provides for protection of downstream water quality standards through the use of on-
site stormwater control measures.
Post-construction stormwater is another potential water quality concern. The vast majority
of the proposed pipeline project will not result in new impervious surfaces. However, some
new impervious surfaces are proposed as part of the project. The impervious surfaces include
multiple improved access roads, eleven valve stations, a compressor station, three metering
and regulating (M&R) stations, and multiple contractor yards. The access roads are existing
unpaved roads that will be improved to allow construction and maintenance equipment -to
safely pass. improvements will include minor widening andlor surface water crossing
upgrades (e.g., minor pipelculvert extensions). The valve sites are needed to segment the
pipeline for safety, operation, and maintenance purposes. The compressor station will be
located in Northampton County, and the M&R stations will be located in Johnston,
Cumberland, and Robeson Counties. The applicant has indicated that stormwater will be
managed by using existing drainage ditches and swales for access roads. No curb and gutter
stormwater conveyances are proposed for the compressor or M&R stations, and stormwoter
will be managed through existing drainage ditches and swales.
Stormwater management for these impervious surfaces will be regulated through state
programs in Phase // communities or by local programs where applicable. Valve sites and
access roads in a small portion of Nash County and access roads, valve sites, and a contractor
yard in Cumberland County will be regulated through the state -implemented Phase I/
Stormwater Program. ACP will have to meet the requirements of SWG040000 — General
Permit To Construct A Linear Utility Line and Associated Incidental Built -Upon Area (SWG04)
or an individual state stormwater permit. SWG04 and individual state stormwater permits
require compliance with the conditions of the respective permits and with the provisions of
15A NCAC 02H .1000, Session Law 2006-246, and Session Low 2008-211 which ensure the
protection of downstream water quality standards through on-site stormwater control
measures. Any impervious surfaces built in areas covered by local stormwater programs will
have to meet the requirements of the local stormwater program. The applicant also proposes
to build impervious surfaces in areas where no state or local programs are applicable. Based
on the descriptions of stormwater best management practices proposed by the applicant,
stormwater is not expected to violate downstream water quality standards in these areas.
Recommendation: Session Low 2017-10 prohibits DWR from requiring on-site stormwater
management through a 401 WQC. As discussed above, the 401 WQC should be conditioned
to require compliance with all applicable state and local stormwater permits for construction
of a linear utility line and associated incidental built -upon area.
(6) Provides for replacement of existing uses through mitigation.
Both federal and state requirements allow for the purchase of in lieu fee credits to offset
unavoidable impacts to streams and wetlands. DWR requires mitigation [15A NCAC 02H
.0506(h)] at a 1:1 ratio for permanent perennial stream impacts above 300 linear feet and a
11 ratio for permanent wetland impacts above one acre. Perennial stream and wetland
impacts for this project will not exceed the respective mitigation thresholds, therefore, no
stream or wetland mitigation is required by DWR. Mitigation is required, however, by the U.S.
Army Corps of Engineers for the wetland conversion impacts. Riparian buffer mitigation is
required for the uses identified in the Table of Uses of the Neuse and Tor -Pamlico River Basins
Nutrient Sensitive Waters Management Strategies [15A NCAC 02B .0233(6) and 15A NCAC
02B .0259(6), respectively] as "ALLOWABLE WITH MITIGATION.' "ALLOWABLE WITH
MITIGATION" uses are defined in 15A NCAC 02B .0233(7)(c) and 15A NCAC 02B .0259(7)(c),
13
respectively. Buffer mitigation is discussed below in the buffer authorization certificates
section.
Recommendation: No mitigation is required for stream or wetland impacts as a result of the
proposed project. The 401 WQC should be conditioned to include language requiring
mitigation should permanent impact changes occur that exceed mitigation thresholds.
Neuse and Tar -Pamlico Nutrient Sensitive Waters Management Strategy
The Neuse River Basin Nutrient Sensitive Waters Management Strategy and the Tar -Pamlico
River Basin Nutrient Sensitive Waters Management Strategy have the exact same
requirements [15A NCAC 02B .0233 and 15A NCAC 02B .0259, respectively]. Furthermore,
the mitigation requirements for impacts to protected buffers are exactly the same for the
Neuse and Tar -Pamlico River Basins [15A NCAC 02B .0242 and 15A NCAC 02B .0260
respectively] and both make reference to the buffer mitigation rules [15A NCAC 02B .0295].
For the purposes of this report, the buffer authorization certificates recommendations will
be combined in one discussion.
15A NCAC 02B .0233 and 15A NCAC 02B .0259
(5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the
riparian buffer by dispersing concentrated flow and reestablishing vegetation.
As discussed above in Section 5 of the 15A NCAC 02H.0506 discussion, the vast majority of
the proposed project will not result in new impervious surfaces that will create concentrated
stormwaterflow. However, there will be improved temporary and permanent access roads,
and five valve sites constructed and maintained in the Neuse and Tar -Pamlico River Basins as
part of the project. The access roads are existing unpaved roads that will be improved to allow
construction and maintenance equipment to safely pass. Upgrades will include minor
widening and/or surface water crossing upgrades (e.g., minor pipelculvert extensions). The
valve sites will consist of gravel pads around above -ground valves with gravel driveways.
Stormwater from these areas will be managed by sheetflow or by using existing roadside
ditches and swales. Sheetflow from the access roads meets the diffuse flow requirements
associated with the Neuse and Tar -Pamlico River Basins Nutrient Sensitive Waters
Management Strategies [15A NCAC 02B.0233(5) and 15A NCAC 02B.0259(5), respectively].
ACP has committed to managing the existing roadside ditches and swoles to minimize
sediment, nutrients, and other pollution prior to entering surface waters, The Table of Uses
for the Neuse and Tar -Pamlico River Basins Nutrient Sensitive Waters Management Strategies
[15A NCAC 02B .0233(6) and 15A NCAC 02B .0259(6), respectively] identifies use of existing
drainage ditches, roadside ditches, and stormwater outfalls provided they are managed to
minimize the sediment, nutrients, and other pollution that convey to waterbodies as
"EXEMPT" uses. "EXEMPT" uses are defined in 15A NCAC 02B .0233(7)(a) and 15A NCAC 02B
.0259(7)(a), respectively.
The applicant proposes to locate the Smithfield M&R station in Johnston County which is
subject to the Neuse River Buffer Rules. This station is also subject to state stormwater
14
permitting requirements as part of the Phase 11 stormwater rules. Stormwater management
and diffuse flow -requirements will addressed through the Phase -ll -process:--- __
Recommendation: The buffer authorization certificates should include conditions requiring
that diffuse flow Conditions be maintained for all stormwater from impervious surfaces
flowing to or within the protected buffers in accordance with the diffuse flow requirements
stated above or other applicable buffer clarification memos.
(6) TABLE OF USES.
Pilon -electric utility lines:
• Impacts other than perpendicular crossings in Zone 2 Allowable
o Impacts other than perpendicular crossings in Zone 1— Allowable with Mitigation
Non -electric utility lines:
m Perpendicular crossings that disturb greater than 40 linear feet but equal to or less
than 150 linear feet of riparian buffer with a maintenance corridor greater than 10
feet in width - Allowable with Mitigation
• Perpendicular crossings that disturb greater than 150 linear feet of riparian buffer —
Allowable with Mitigation
The proposed project is categorized as a non -electric utility line. The proposed project includes
perpendicular and non -perpendicular crossings of streams and other surface waters subject
to this rule. Due to the width of the maintenance corridor, 50 feet, all buffer impacts are
"`ALLOWABLE WITH MITIGATION" uses. "ALLOWABLE WITH MITIGATION" uses ore defined in
15A NCAC 02B .0233(7)(c) and 15A NCAC 02B .0259(7)(c), respectively.
Recommendation: None. The proposed project is "ALLOWABLE WITH MITIGATION" under
the Table of Uses.
(8) DETERMINATION OF "NO PRACTICAL ALTERNATIVES." Persons who wish to
undertake uses designated as allowable or allowable with mitigation shall submit a
request for a "no practical alternatives" determination to the Division or to the
delegated authority. The applicant shall certify that the criteria identified in Sub -Item
(8)(a) of this Rule are met. The Division or the delegated local authority shall grant an
Authorization Certificate upon a "no practical alternatives" determination. The
procedure for making an Authorization Certificate shall be as follows:
(a) For any request for an Authorization Certificate, the Division or the delegated local
authority shall review the entire project and make a finding of fact as to whether
the following requirements have been met in support of a "no practical
alternatives" determination:
(i) The basic project purpose cannot be practically accomplished in a manner that
would better minimize the disturbance, preserve aquatic life and habitat, and
protect water quality.
(ii) The use cannot practically be reduced in size or density, reconfigured or
redesigned to better minimize disturbance, preserve aquatic life and habitat,
and protect water quality.
(iii) Best management practices shall be used if necessary to minimize disturbance,
preserve aquatic life and habitat, and protect water quality.
15
The project proposes to construct a pipeline to transport natural gas from West Virginia and
Pennsylvania through Virginia and North Carolina. The North Carolina portion of the
proposed route will be constructed through Northampton, Halifax, Nash, Wilson, Johnston,
Sampson, Cumberland, and Robeson Counties. The proposed project will permanently impact
521,430 square feet and 594,070 square feet of protected riparian buffers in the Neuse River
Basin and the Tor -Pamlico River Basin, respectively. As port of the FERC NEPA analysis; ACP
investigated several alternatives to meet the purpose and need of the project including no
build, alternative energy, energy conservation, and system alternatives. Of these alternatives,
the build alternative best met the purpose and need of the project.
Next ACP, conducted on extensive alternatives analysis on potential route locations including
collocation of the ACP with existing pipelines as well as Eastern and Western route
alternatives. Ultimately., ACP chose the Eastern route as the best option based on an
evaluation of a variety of criteria such as project length and human and natural resources.
ACP continued to refine the Eastern alternative balancing a variety of human and natural
environmental resources such as public lands, roads, conservation easements, forested lands,
streams, wetlands, protected riparian buffers, known historical and cultural resources, and
homes and businesses. Development of the proposed pipeline route included the analysis of
seventeen major route alternatives and 37 minor adjustments in the North Carolina portion
of the project in an effort to avoid and minimize impacts to these resources. This analysis
included pre- and post -application communication with DWR and NCWRC on avoidance and
minimization opportunities. ACP has continued to refine the avoidance and minimization
practices in response to additional information requests from DWR and through
environmental commitments.
The applicant has demonstrated that the basic project purpose cannot be practically
accomplished in a manner that would better minimize the disturbance, preserve aquatic life
and habitat, and protect water quality. The applicant has demonstrated that the use cannot
practically be reduced in size or density, reconfigured or redesigned to better minimize
disturbance, preserve aquatic life and habitat, and protect water quality. The applicant has
proposed a number of best management practices in an effort to minimize disturbance,
preserve aquatic life and habitat, and protect water quality including but not limited to the
following:
• Use of temporary work bridges, matting and pods to reduce the risk of soil compaction
• Trench backfilling using native material to prevent soil contamination and to
accelerate revegetation
• Pump -out activities in the work area will be routed through an energy
dissipation/sediment filtration device prior to discharging to waterbodies
• Coating for concrete -coated pipe will be conducted at least 100 feet from surface
waters and springs
• Use of horizontal directional drilling for all major river crossings
• Implementation of a Spill Prevention, Control, and Countermeasure plan and a
Horizontal Directional Drill Drilling Fluid Monitoring, Operations, and Contingency
plan
• Use of a project -specific invasive plant species management plan
16
o Limiting operation of construction equipment in wetlands to only that necessary for
clearingi-ex-covGtioni--pipe -installation ;v backfilliqgi-and--rest-oration
Stump removal, grading, and excavation will be limited to the area immediately over
the trench line to maintain native seed and rootstock
o Voluntarily implementing the requirements of the Construction Stormwater General
Permit No. NCG010000
Recommendation: The applicant has sufficiently demonstrated that there is no practical
alternative that can accomplish the project's basic purpose with less adverse impacts to
protected buffers. The buffer authorization certi.f7cates sbould.be conditioned to incorporate
the best management practices proposed by the applicant intended to minimize disturbance,
preserve aquatic life and habitat, and protect water quality. Furthermore, the buffer
authorization certificates should require demarcation of protected buffer with flogging or
signs prior to the initiation of construction and limiting operation of construction equipment
in buffers to only that necessary for clearing, excavation, pipe installation, backfilling, and
restoration
(10) Mitigation. Persons who wish to undertake uses designated as allowable with
mitigation shall meet the following requirements in order to proceed with their
proposed use.
(a) Obtain a determination of "no practical alternatives" to the proposed use
pursuant to Item (8) of this Rule.
(b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 0213.0242 [.260].
15A NCAC 0213.0242 and .0260 have been repealed and replaced with 15A NCAC 0213.0295.
As discussed above, the applicant has demonstrated that there is no practical alternative that
can accomplish the project's basic purpose with less adverse impacts to protected buffers.
Due to the fact that the maintenance corridor for the proposed pipeline will have a width of
greater than 10 feet, all of the buffer impacts are considered "ALLOWABLE WITH
MITIGATION" uses and subject to the buffer mitigation requirements [15A NCAC 02B.02951.
However, impacts to wetlands within the buffers are not subject to the buffer mitigation
requirements and are regulated under 15A NCAC 02H .0506(h) as discussed above in section
(6) of the 401 WQC application review process. The buffer mitigation totals reflect the
removal of wetland areas within the buffer.
The applicant has proposed to obtain all buffer mitigation credits through the in -lieu fee
program with the Division of Mitigation Services (DMS). A letter addressed to the applicant
from DMS dated May 4, 2017 and renewed on October 6, 2017, states that DMS is willing to
accept payment for the buffer mitigation credits for the proposed project. DMS will
administer the mitigation credits in accordance with the In -Lieu Fee program instrument
dated July 28, 2010 and 15A NCAC 02B.0295.
Recommendation: The buffer authorization certificates should include conditions requiring
buffer mitigation in accordance with the table below:
17
Environmental Justice
One of the most common topics of the commenters was environmental justice. As discussed
above in the General Comments Section, many comments received expressed concerns
about environmental justice issues associated with pipeline's construction and operation.
FER{'a Final Environmental Impact Statement determined, "as a result of the project, no
disproportionately high and adverse impacts on environmental justice populations as a result
ofair quality impacts, including impacts associated with the proposed Compressor Station Z,
would be expected as a result of ACP and SHP. Also, no disproportionately high and adverse
impacts on environmental justice populations as a result of other resources impacts would
be expected." Many commenters disagreed with this determination and requested that the
4O1VVQCbedenied based oothe potential environmental justice impacts,
The Director evaluates a401VV[t[application based onfive criteria including anopractical
alternatives analysis, minimization of adverse impacts to surface waters, an analysis of the
degradation of grVuodvvaters or surface waters, a cumulative impacts analysis, and
replacement mfexisting uses through mitigation. Environmental justice isnot included (nthe
criteria upon which the Director must evaluate the application. Although environmental
justice isnot an evaluation criteria, the Department has been intimately engaged with the
stakeholders ofNorth Carolina through the permitting process.
OnMarch 23,2O17,the Department hosted a stakeholder meeting inRaleigh, NCbJprovide
information and receive feedback on the proposed pipeline project. Eight environmental
organizations, four government agencies, and a representative of the Commission of Indian
Affairs were inattendance.
On July 18 and 20, 2017, the Department hosted 401 WQC Application Public Hearings. This
was to allow the citizens of North Carolina to comment on the certification. Notification of
the public hearings was provided in accordance with 15A NCAC 02H .0506(d) and (e). In
addition, the Division of Water Resources provided notices of the hearings by mailing Dyers
in both English and Spanish to community organizations, such as churches, government and
non-government organizations, libraries, etc.
--- - ` `----- '
On August 93O17,the Department participated inanEnvironmental Justice Forum hosted
by the H@Uivxa-3apnn[ Indian Tribe and the North Carolina Commission of Indian Affairs. The
forum mUuvved an opportunity for tribal leaders, commission members, state and federal
regulators, and other stakeholders tm discuss information on the proposed Atlantic Coast
18
Compensatory
Mitigation
Amount Required
River &
Sub -basin Number -
301,168 (square feet)
Tar -Pamlico - 03020102
318,868 (square feet)
Tar -Pamlico 03020101
Bufful.
245,612 (square feet)
Neuse 03020203-
486,344 (square feet)
Neuse 03020201
Environmental Justice
One of the most common topics of the commenters was environmental justice. As discussed
above in the General Comments Section, many comments received expressed concerns
about environmental justice issues associated with pipeline's construction and operation.
FER{'a Final Environmental Impact Statement determined, "as a result of the project, no
disproportionately high and adverse impacts on environmental justice populations as a result
ofair quality impacts, including impacts associated with the proposed Compressor Station Z,
would be expected as a result of ACP and SHP. Also, no disproportionately high and adverse
impacts on environmental justice populations as a result of other resources impacts would
be expected." Many commenters disagreed with this determination and requested that the
4O1VVQCbedenied based oothe potential environmental justice impacts,
The Director evaluates a401VV[t[application based onfive criteria including anopractical
alternatives analysis, minimization of adverse impacts to surface waters, an analysis of the
degradation of grVuodvvaters or surface waters, a cumulative impacts analysis, and
replacement mfexisting uses through mitigation. Environmental justice isnot included (nthe
criteria upon which the Director must evaluate the application. Although environmental
justice isnot an evaluation criteria, the Department has been intimately engaged with the
stakeholders ofNorth Carolina through the permitting process.
OnMarch 23,2O17,the Department hosted a stakeholder meeting inRaleigh, NCbJprovide
information and receive feedback on the proposed pipeline project. Eight environmental
organizations, four government agencies, and a representative of the Commission of Indian
Affairs were inattendance.
On July 18 and 20, 2017, the Department hosted 401 WQC Application Public Hearings. This
was to allow the citizens of North Carolina to comment on the certification. Notification of
the public hearings was provided in accordance with 15A NCAC 02H .0506(d) and (e). In
addition, the Division of Water Resources provided notices of the hearings by mailing Dyers
in both English and Spanish to community organizations, such as churches, government and
non-government organizations, libraries, etc.
--- - ` `----- '
On August 93O17,the Department participated inanEnvironmental Justice Forum hosted
by the H@Uivxa-3apnn[ Indian Tribe and the North Carolina Commission of Indian Affairs. The
forum mUuvved an opportunity for tribal leaders, commission members, state and federal
regulators, and other stakeholders tm discuss information on the proposed Atlantic Coast
18
Between August 15 and 17, 2017, the Department hooted three listening sessions along the
proposed pipeline. --project. In addition to
��
the Department, the NC Department of Commerce, N[ Department of Natural and Cultural
Resources, and the USArmy Corp ofEngineers were present.
On October 20 and21, 2017, the Department participated in the North--
Environmental | Network's SunnnodL This allowed for the Department to provide a
summary of the permitting..status.of the project.
|naddition tothe various stakeholder engagements listed above, the Department has been
transparent with citizens who requested to sign up for the email news feed on the project,as
well aameetings with the Commission ofIndian Affairs. The Department has been thorough
inits review ofthe applications submitted for the proposed Atlantic Coast Pipeline.
V1. Summary
Public comments concerning the two public hearings focused on several major issue areas,
including the degradation of water quality, cumulative impacts, environmental justice,
sedimentation and erosion control, the permitting process, inope«to on wildlife including
threatened and endangered species, and ground and surface water supply protection. Due
to the number Of public comments, many of which expressed concerns on the same issues,
each comment is not addressed individually. Only comments that have direct relevance to
the certification decision have been addressed inthe recommendations (Section V).
As stated above, e thorough review of all public comments received and the project record
has been conducted, and additional insight has been obtained through discussions with DWR
staff. Based on all of this information, it is my recommendation that the 401 Water Quality
Certification and Buffer Authorization Certificates be issued and subject tnthe conditions
included inthe recommendations inSection V. |tisfurther recommended that DVVRinclude
any additional Conditions necessary toensure that the project will meet state vv8t8r quality
standards.
A. May 8, 2017 401 Water Quality Certification Application
a. LaSeM0ChgFolder Name: 4O2 Application
b. Laserfichelink:
B. iQoticeofPub|icHeehngs-Juoe 16-18,2017
a. La»erUcheFilename: bs1servePublic Notice 86 162017
b. Laserfiche link:
C. Correction t¢Notice ofPublic Hearings —June 19-22, 2017
a. L8SerfiCheFilename: Lb±servePublic Notice Correction 06 192017
b. Laserfiche link:
19
D. July 18, 2017 Non -speaker sign -in sheets
a. Laserfiche Filename: ACP July18 FayettevilleHearing_Non-SpeakerSignInSheets
b. Laserfiche link:
http://Odocs-deg.nc.gov/WaterResources/o/doc/552613/Page1.aspx
E. July 18, 2017 Speaker list
a. Laserfiche Filename: ACP Julyl8—Fayetteville Hearing SpeokerSignInShee ts
b. Laserfiche link:
littp:ZZedocs.deg.nc.gov/WaterRes.ourcesZOZd.o,c/552611ZPagel.aspx
F. July 20, 2017 Non -speaker sign -in sheets
a. Laserfiche Filename: ACP July2Q_RockyMtHearing_Non-SpeokerSignInSheets
b. Laserfiche link:
http://edocs.deg.nc.gov/WaterResources/oldoc`/553245/Page1,aspx
G. July 20, 2017 Speaker list
a. Laserfiche Filename: ACP July2Q_RockyMt Hearing_SpeakerSignInSheets
b. Laserfiche link:
http:ZZedocs.de_q.nc.govlWaterResources/O/doc/553247/Pagel.aspx
H. July 18, 2017 Public Hearing transcript, including oral comments
a, Laserfiche Filename: ACP Julyl 8— Fayetteville Hearing- Transcripts
b. Laserfiche link:
http://edocs.deg.nc.gov/WaterResou rcesZQ/docZ557323/Page1.aspx
I. July 20, 2017 Public Hearing transcript, including oral comments
a. Laserfiche Filename: ACP July2G?RockyMt Hearing- Transcripts
b. Laserfiche link:
littp://edocs.deg.iic.gov/WaterResources/"O/doc/557322/PageI.aspx
J. Written comments received during the comment period, including at the public
hearings
a. Laserfiche Folder Name: Public Notice Comments
b, Laserfiche link:
http:ZZedocs.deg.nc.gov/WaterResources/0/fol/548242/"Rowl.asp
20