20140957 Ver 2_Approval Letter_20180126

January 26, 2018
Atlantic Coast Pipeline, LLC
Attn: Ms. Leslie Hartz
707 E. Main Street, 19th Floor
Richmond, VA23219
ROYCAbPE0
MICHAEL S. REGAM
a",*"
LIN{}ACUL92PyEI{
DWR # 20140957 v2
Northampton, Halifax, Nash,
Wilson, Johnston, Sampson,
Cumberland and Robeson Counties
Subject: Approval of Individual 401 Water Quality Certification and Tar-Pamlico/Neuse
Riparian Buffer Impacts with Additional Conditions
At/antic Coast Pipeline
U5ACEAction ID. No. SAVV'3O14-01558
Dear Ms. Hartz:
Attached hereto is a copy of Certification No. WQC004162 issued to Ms. Leslie Hartz and
Atlantic Coast Pipeline, LLC, dated January 2G,2O18. Please note that you should get any
other applicable federal, state or local permits before proceeding with the subject project,
including those required by (but not limited to) Sediment and Erosion Control, Non -
Discharge, and Water Supply Watershed regulations.
Thisapprova|andhscOnditionsarefina|andbindingun|essDontest8d. This Certification can be
contested as provided in General Statute ISOB by filing a written petition for an administrative
hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
Apetition form may beobtained from the OAH at h11pJZwwwncoah.com
I or6vcalling the
OAH Clerk's Office at/9l9\43l-3000for information. Apetition isconsidered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
The petition may befaxed to the OAH at /919\ 43I-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
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Atlantic Coast Pipeline, LLC
DVVR#Z0l4O957vI
Individual Certification #VVO[OO4l62
Page lofI3
Mailing address for the OAH:
Ifsending via US Postal Service: Ifsending via delivery service (UPS, FedEx, etc):
Office ofAdministrative Hearings Office ofAdministrative Hearings
6714Mail Service Center 1711New Hope Church Road
Raleigh, N[27699'67l4 Raleigh, N[276O9-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F.Lane, General Counsel
Department ofEnvironmental Quality
26OIMail Service Center
Raleigh, NC 27699-I60I
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division of Water Resources under section 401 of
the Clean Water Act and 15A NCAC 02H .0500 and under the Neuse and Tar -Pamlico Riparian
Buffer Protection Rules (l5ANCA[OZBD3]Sand .0259). Contact Karen Higgins at9I9-807-
6]6O or if you have any questions or concerns.
UCulpepper, Interim Director
Division ofWater Resources
Attachment: Appendix C-1: Wetland and VVaterbodyCrossings for the Atlantic Coast Pipeline within
the USArmy Corps ofEngineers — Wilmington District (Revised lI/3/2O17)
Table 5: North Carolina Riparian Buffer Impacts within the Tar -Pamlico and Neuse
Watersheds
cc: Richard Gangle, Dominion Resources Services, Inc. (via [e-mail])
Spencer Trichell, Dominion Resources Services, Inc. (via [e-mail])
USA[E Raleigh Regulatory Field Office
U6ACEVVi|minQtnn Regulatory Field Office
Todd Bowers, EPA (via [e-mail])
DVVRRaleigh Regional Office
DVVRFayetteville Regional Office
DVVR4U1&Buffer Permitting Branch file

Atlantic Coast Pipeline, LLC
DWR# 20140957 v2
Individual Certification # WQC004162
Page 3 of 13
CERTIFICATION #WQC004162 is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations
in 15 NCAC 02H .0500 and 15A NCAC 02B.0200, to Ms. Leslie Hartz and Atlantic Coast Pipeline,
LLC, who have authorization for the impacts listed below, as described within your application
received by the N.C. Division of Water Resources (Division) on May 9, 2017; subsequent
information received by the Division on July 12, 2017, September 22, 2017, October 2 and 13,
2017, November 4,15 and 29, 2017, December 8 and 20, 2017 and January 17 and 18, 2018;
and by Public Notice issued by the Division on June 16, 17 and 18, 2017 and correction issued
on June 19, 20, 21 and 22, 2017.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Law 92-500 and Public Law 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental impacts.
[15A NCAC 02B .0506(b) & (c), 15A NCAC 02B.0233(8) and 15A NCAC 02B.0259(8)]
Type of Impacts
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404 Wetlands
0.80 (acres)
453.45 (acres)
Perennial Stream
160 (linear feet)
15,081 (linear feet)
Non -perennial Stream
606 (linear feet)
21,007 (linear feet)
Open Waters
0 (acres)
0.44 (acres)
Tar -Pamlico Buffer Sub -basin 03020102
Buffer Zone 1
126,081 (square feet)
0 (square feet)
Buffer Zone 2
1 83,478 (square feet)
0 (square feet)
Tar -Pamlico Buffer Sub -basin 03020101
Buffer Zone 1
231,704 (square feet) =0
(square feet)
Buffer Zone 2
152,811 (square feet)
0 (square feet)
Neuse Buffer Sub -basin 03020203
Buffer Zone 1
145,039 (square feet)
0 (square feet)
Buffer Zone 2
101,403 (square feet)
0 (square feet)
Neuse Buffer Sub -basin 03020201
Buffer Zone 1
152,785 (square feet)
0 (square feet)
Buffer Zone 2
122,204 (square feet)
0 (square feet)

Atlantic Coast Pipeline, LLC
DVVR#2Ol409S7v2
Individual Certification #VVQ[OO4l62
Page 4ofI3
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Division of Mitigation Services (DMS)
tOmeet this mitigation requirement. Until the DK4Sneceives and clears your payment, and
proof of payment has been provided to the Division, no impacts specified in this
Authorization Certification /Certificad0n\shall occur. For accounting purposes, this
Certification authorizes payment tOthe DIVIStomeet the following compensatory
mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
3. Any stream or wetland impacts proposed that are not included in this Certification shall
require amodification ofthe Certification. |ftotal project perrnanentirnpactstoperennia/
streams exceed 300 linear feet, or permanent impacts to wetlands exceed one acre,
mitigation at a 1:1 ratio will be required. [15A NCAC 02H .0506 (b)(6)]
4. ACP shall seek necessary authorizations from applicable state and federal agencies (e.g.
NCOE[, NCVVRC USACE, USFWS, N[DHR, etc.) and request a variance from FERC to change
the crossing of three streams (swioOIO, swioO11, swioO12) shown on Figure A-4, page 51, by
shifting the alignment east within the study corridor to avoid two of the stream crossings.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized under this Certification.
[I5ANCACO2H.O5Oland .O5O2]
6. NOremoval ofvegetation orother impacts Ofany kind shall occur tUstate regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as
listed as an exempt activity inthe applicable riparian buffer rules. [15A NCA[O2B .0200]
7. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area onthe project SiteshaUbedear|ynnarked/e.g.Orangefabricfencing\prior
to any land disturbing activities and must be maintained onthe property until the project
Compensatory
Mitigation
Amount Required
River &
Sub -basin Number
301,168 (square feet)
Tar -Pamlico 03020102
318,868 (square feet)
Tar -Pamlico 03020101
Buffers
245,612 (square feet)
Neuse 03020203
486,344 (square feet)
Neuse 03020201
3. Any stream or wetland impacts proposed that are not included in this Certification shall
require amodification ofthe Certification. |ftotal project perrnanentirnpactstoperennia/
streams exceed 300 linear feet, or permanent impacts to wetlands exceed one acre,
mitigation at a 1:1 ratio will be required. [15A NCAC 02H .0506 (b)(6)]
4. ACP shall seek necessary authorizations from applicable state and federal agencies (e.g.
NCOE[, NCVVRC USACE, USFWS, N[DHR, etc.) and request a variance from FERC to change
the crossing of three streams (swioOIO, swioO11, swioO12) shown on Figure A-4, page 51, by
shifting the alignment east within the study corridor to avoid two of the stream crossings.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized under this Certification.
[I5ANCACO2H.O5Oland .O5O2]
6. NOremoval ofvegetation orother impacts Ofany kind shall occur tUstate regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as
listed as an exempt activity inthe applicable riparian buffer rules. [15A NCA[O2B .0200]
7. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area onthe project SiteshaUbedear|ynnarked/e.g.Orangefabricfencing\prior
to any land disturbing activities and must be maintained onthe property until the project

Atlantic Coast Pipeline, LL[
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Individual Certification #VVO[UO4162
Page 5of13
8. Notemporary impacts are allowed beyond those included inthis Certification. All temporary
fill and culverts shall be removed and the impacted area shall be returned to natural
conditions within 60 calendar days after the temporary impact is no longer necessary. The
impacted areas shall berestored tooriginal grade, including each stream's original cross
sectional dimensions, p|anforrn pattern, and longitudinal bed profile. All temporarily
impacted sites shall berestored and stabilized with native vegetation. [15AN[ACO2H
9. Approved temporary pipes, culverts, rip -rap pads, etc. in streams shall be installed as outlined
in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual orthe North Carolina Surface Mining Manual urthe North Carolina
Department of Transportation Best Management Procticesfor Construction and Maintenance
Activities so as not to restrict stream flow or cause dis-equilibrium during use of this
10. Mixing of topsoil and subsoils within wetlands shall be minimized to the greatest extent
practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever
possible. Topsoil excavated from trenches should bepiled separately from soils and backfilled
into the trench only after the subsoils have been placed and compacted. [15ANCA[02H
11. Wetland Monitoring
Upon restoration of temporary impacts to wetlands, all restored areas shall be monitored
quarterly for at least three years with photo documentation. VV21/and restoration shall be
considered successful ifall ofthe following criteria are satisfied:
a. the affected wetland satisfies the current federal definition fora wetland (i.e., soils,
hydro|ogy, and vegetation);
b. vegetation is at least 80 percent of either the cover documented for the wetland prior
to construction, Or at least 80 percent of the cover in adjacent wetland areas that
were not disturbed by construction;
c. if natural rather than active rev2getation was used, the plant species composition is
consistent with early successional wetland plant communities in the affected
eooregiDn;and
d. invasive species and noxious weeds are absent, unless they are abundant in adjacent
areas that were not disturbed by construction.
Three years after construction is completed, ACP shall submit a report to the Division
identifying the status of the wetland revegetation efforts and documenting success as
defined above using the following link:
Form.Inform ation- Wetland restoration monitoring may be extended by the Division if the
restoration sites have not adequately recovered.

Atlantic Coast Pipeline, LLC
DVVR#2Ol4U957v2
Individual Certification #VVO[OO4162
Page 6of1]
Any temporary impacts to wetlands that do not meet the current federal definition for a
wetland, as defined by the 1987 U.S. Army Corps of Engineers Wetland Manual and confirmed
by a Corps representative, at the end of monitoring shall be considered permanent impacts
and shall require a modification of the Certification. If total project permanent impacts to
wetlands exceed one acre, mitigation at 1:1 ratio will be required. [15A@CACO2H .0506
12. Stream and Riparian Area/Buffer Monitoring
Upon restoration of temporary impacts to stream and riparian area/buffers, all restored areas
shall be monitored quarterly for at least three years with photo documentation. Stream and
riparian area/buffer restoration shall be considered successful if all of the following criteria
are satisfied:
a. the stream channel isstable and active erosion isnot observed;
b. riparian vegetation is at least QO percent ofeither the cover documented for the
wetland prior to construction, or at /east 80 percent of the cover in adjacent riparian
areas that were not disturbed byconstruction;
C if natural rather than active revegetation was used, the plant species composition is
consistent with early successional riparian plant communities in the affected
eCVr2giOn;and
d. invasive species and noxious weeds are absent, unless they are abundant in adjacent
areas that were not disturbed by construction.
Three years after construction is completed, ACP shall submit 8 report to the Division
identifying the status of the riparian revegetation efforts and documenting success as defined
above using the following link:
---
Form. Stream and buffer monitoring may b2extended bythe Division ifthe restoration sites
have not adequately recovered.
Any temporary impacts to streams that require permanent impacts for stabilization (e.g. rip
rap) shall be considered permanent impacts and shall require a modification of the
Certification. |ftotal project perrnJnentirnpactstoperennia|strearnsexceed9OU|inearfeet,
mitigation at a 1:I ratio will be required. [15A NCAC 02H .0506 (b)(2) and 15A NCA[ 02H
.0507 (c)]
13. All moratoriums on construction activities established by the N[ Wildlife Resources
Commission (WRC), US Fish and Wildlife Sen/ice (USFVVS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NK8FS) shall be implemented as indicated in
Appendix C-1: Wetland and Waterbody Crossings for the Atlantic Coast Pipeline within the
USArmy Corps ofEngineers—VVi|nnington District (Revised I1/3/2017). Exceptions tothis
condition require written approval by the resource agency responsible for the given
moratorium. Acopy ofthe approval from the resource agency shall beforwarded tothe
Division using the following link:

Atlantic Coast Pipeline, LLC
DVVR#2O1409S7v2
Individual Certification #VVQ[OO4l6l
Page 7 of 13
l4.All fish and mussel relocations shall comply with the following protocols approved by WRC:
"North Carolina Revised Fish and Other Taxa Collection and Relocation Protocolfor Instrearn
Construction Activities" (September 22, 2017) and "2017 Study Plan: Revised Freshwater
Mussel (Unionidoe) Relocations for the Proposed At/antic Coast Pipeline in North Carolina"
(September 22, 20I7). Any deviation from these protocols require written approval from
WRC. [15ANCACO2H.0506(b)(2)]
15. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come incontact with the disturbed area. Approved best management practices from the
most current version of the NCSediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. ACP
may request site-specific exemptions ofthis condition where conditions atthe time Vfthe
crossing are not feasible (e.g., inundated wetland conditions) orconditions are not necessary
(e.g., no flow, dry conditions that are anticipated to remain dry throughout completion of
pipeline installation and Site restoration). To obtain an exemption, ACP must submit the
request to Division staff in the appropriate regional office at least 14 calendar days prior to
the anticipated start of construction on the crossing and shall not proceed until written
approval from the Division is received. [15A NCAC 02H .0506(b)(3) and (c)(3)]
16. Open Cut
Where conditions atthe time ofthe stream crossing are not feasible t0be conducted so
that the flowing stream does not come into contact with the disturbed area (e.g. inundated
wetland conditions) and ACP has received an exemption from the Division pursuant to
Condition #15above, ACP shall comply with the following [I5AN[ACOZH.O5O6(b)(2)l:
a. Turbidity curtains shall be installed as shown on the plans provided to the Division
on September 29, 2017; and
b. Water Quality Sampling shall be conducted:
Sampling shall belocated 5Ofeet above (upstreano)and 5Ofeet below
(dovvnstr8arn) the crossing;
ii Sampling shall beconducted for turbidity. Sampling shall also beconducted
for total dissolved solids for crossings within a Water Supply Watershed area;
iii. Monitoring at both the upstream and downstream locations shall occur at
least two (2)times per day when active construction isoccurring. The first
sampling shall occur thirty (3O) minutes prior tOthe start ofinstreano
construction. The second sampling shall occur two /2\tosix /6>hours after
the start of instrearn construction;

Atlantic Coast Pipeline, LLC
DVVR#2U14O957v2
Individual Certification #VVQ[0O416l
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iv. If monitoring during active construction shows any exceedances0fthe
turbidity and/or total dissolved solids standard, work shall stop until the
source isidentified and nernediated. Measures and BMPs shall be re-
evaluated before moving forward to ensure future exceeclances do not
occur;
V. Monitoring atboth the upstream and downstream locations shall occur at
least one (1) time per day for four (4)consecutive days once the crossing
(including restoration) iscomplete. |fany ofthe post -construction sampling
show exceeclances of the turbidity and/or total dissolved solids standard, the
source shall beidentified and rennediated. Daily sampling shall continue until
samples are below the turbidity and total dissolved solids standards.
vi. Records nfall samples shall b8retained byACP for one year. Records shall
be made available tothe Division upon request.
17. Culverts
Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by widening
the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient ofaproposed culvert shall besuch 85to
pass the average historical low flow and spring flow without adversely altering flow velocity.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greaterthan 48 inches, and 20% of the
culvert diameter for culverts having adiameter less than orequal to48inches, toallow low
flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section asclosely as possible including pipes orbarrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall beavoided.
If bedrock is discovered during construction, then the Division Regional Office (Raleigh or
Fayetteville) shall be notified by phone or email within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water rnOvennen1 and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA -designated Doodvvay3 or
wetlands, openings such as culverts orbridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the Uoodvvay that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening

Atlantic Coast Pipeline, LL[
DVVR#2O14O957v2
Individual Certification #VVQ[OO4162
Page 9 of 13
18.
Any hp -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original stream elevation and
stne3nnbonkcontours are restored and maintained. Placement ofrip-rap 0rother approved
materials shall not result in cle-stabilization of the stream bed or banks upstream or
downstream ufthe area orinamanner that precludes aquatic life passage.
Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the strearnbed
except in specific areas required for velocity control and approved as a permanent impact
area by this Certification. [15A NCAC 02H .0506(b)(2)]
19. No hardened stabilization (e.g. hp -rap, geoghd, etc.) techniques shall be placed below the
ordinary high water mark for bank stabilization purposes. |fmonitoring ofcompleted stream
crossings indicates hardened stabilization is necessary, a modification ofthis Certification will
be required to authorize additional impacts. [15A NCAC 02H .0506(b)(2)]
20. Heavy equipment working in wetlands shall be placed On mats or other measures shall be
taken to minimize soil disturbance. [15ANCAC07H .0506(b)(3) and /c\/3\l
21. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall beaccomplished inamanner
that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02D
.O2O0and 15ANCA[02B.O23l]
22. If concrete is used during construction, then JU necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured Concrete shall not be discharged to waters of the state. [15A
NC4CO2B.O30O]
23. All mechanized equipment operated near surface waters or wetlands shall be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids orother potential toxic chemicals. Construction shall bestaged in
order to minimize the exposure of equipment to surface waters to the noaxirnurn extent
practicable. Fueling, lubrication and general equipment maintenance shall not take place
within 100 feet of vvaterbodyorwetlands to prevent contamination by fuels and oils except
as follows: in situations where equipment must continue to operate during fueling activities
such asdevvateringpumps near surface waters, secondary containment structures will be
used toprevent any spillage from reaching the surface waters. Fuel shall not bestored within
IO0feet ofavvaterbodyorwetland.

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Page 1DofI3
In accordance with 143-2I5.85(b) any petroleum spill of 25 gallons or more, any spill
regardless ofamount that causes a sheen on surface waters, any petroleum spill regardless
of amount occurring within 100 feet of surface waters, and/or any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours shall be reported to the Division.
Contact the Raleigh Regional Office at 919-791-4200 between the hours of am to 5 pm or
Fayetteville Regional Office at 910-433-3300, depending on the region in which the spill
occurs, orafter hours and onweekends call (8OQ)858-03G8. Management ofsuch spills shall
comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control
Act. |15A NCACOZH .0506 /bV3\ and (c)(3), 15ANCACO2B.0200(])(R, and GS 143 Article
24. Horizontal Directional Drilling
Documentation of the composition and properties of drilling fluids and additives, including
manufacturer's literature and Safety Data Sheets for each horizontal directional drilling
crossing must be submitted to the Division no less than 30 calendar days prior to
commencement of the particular crossing using the following link:
If an inadvertent return enters 3 surface water, wetland or protected riparian buffer, ACP will
notify the Raleigh or Fayetteville Regional Office, as appropriate, within 24 hours of detection
(see phone numbers above). [15A NCAC0ZH .0505 (b)(]) and /c\/]\, 15ANCACO2B.0300
25. Well Testing
Private wells identified within 150 feet of the limit of disturbance or within 500 feet from
blasting areas shall be sampled and tested priortOconstruction tOestablish a baseline of
groundwater quality and quantity against which to measure any construction -related
Testing shall include the following parameters: 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, along with well yields.
Anindependent, qualified groundwater specialist shall complete post -construction sampling
and testing to determine whether an impact has occurred within G months of project
construction completion. Should post -construction testing indicate that a well has been
impacted by the construction, ACP shall provide temporary water supplies, and/ora new

Atlantic Coast Pipeline, LLC
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25. Stormwater Management and Diffuse Flow Plans
ACP shall not increase the capacity of existing access road ditches or change the
characteristics of these ditches within state protected riparian buffers other than measures
required to minimize the sediment, nutrients and other pollution that conveyto waterbodies.
For sites within a state -approved local government stormwater program (e.g. Phase 11, Water
Supply, NSW, USMP) that require a stormwater management plan, you must obtain approval
from the appropriate |Oca|governnn8nt(s) before work commences onthese sites. Once
approved, the stornnvvater management plan(s) may not be modified without written
authorization from the appropriate local gov8rnnnent(3).
For sites within Nash and Cumberland County that require astonnvvat8rmanagement plan
from the Division ofEnergy, Mineral and Land Resources (DEKYLR),you must obtain approval
from DEK4LR before work cOrnnlenca5 on these sites. Once approved, the Storrnvv8ter
management plan(s) may not be modified without written authorization from DEMLR. [15A
NCAC 02B .0233(5) and 15A NCAC 02B.0259(5)]
27. Sediment and Erosion Control
All construction activities shall be performed and maintained in full compliance with G.S.
Chapter tl3AArticle 4(Sediment and Pollution Control Act of1973\. Specifically, the portion
ofthe project vvithin[unnber/and,Roh8son,and Sampson Counties must beinfull compliance
with the Certificate ofPlan Approval No. Curnbe-20I8-036, issued by DEK4LR, Fayetteville
Regional Office. Prior tocommencement nfconstruction Ofthe project vvithinNortharnpton,
Halifax, Nash, Wilson and Johnston Counties, a sedimentation and erosion control Certificate
of Plan Approval issued by DEK4LR, Raleigh Regional Office, must be obtained and submitted
to the Division using the following /ink:
. [I5ANCACO2H.O50land .O5O2]
Sediment and erosion control measures shall not be placed in wetlands orwaters except
within the footprint of temporary or permanent impacts authorized under this Certification.
[15ANCACO2H .0501 and .0502]
Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along strearnbanksorwithin wetlands, [15ANCACO213.0201]
28. ACP indicated their intent to seek coverage of and meet the requirements of North
Carolina's NPDE5 Construction Stornnvvater Permit (NCG010000) Section 11.13 for the entire
construction corridor inNorth Carolina during the application process. Full compliance with
NCGO10000 Permit Section 11.13 conditions is required. [15A NCAC 02H .0506(b)(3) and

Atlantic Coast Pipeline, LLC
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Page IZof13
29. ACP shall schedule and conduct a pre -construction meeting with the construction
contractors, ACP staff, and Division and DEMLR staff to review the conditions and
requirements of the respective certifications and permits for clarity and understanding
before any impacts authorized inthis Certification occur. [I5ANCACO2H.O502(e)and
3O.ACP shall schedule and conduct monthly ride -through inspections with appropriate Division
and DEK4LRstaff to assess compliance with the respective certifications and permits. [15A
SI. Ms. Leslie Hartz and Atlantic Coast Pipeline, LLC shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303/d\0fthe Clean Water Act) and any other appropriate
requirements ofState and Federal law. [15A0CACO2B.020O]|fthe Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal |avv is being violated, or that further conditions are
necessary to assure cOnnpUJnC8, the Division may reevaluate and modify this Certification.
Before modifying the Certification the Division shall notify Ms. Leslie Hartz and Atlantic Coast
Pipeline, LLC and the U.S. Army Corps of Engineers, provide public notice in accordance with
15AN[ACO2H.O5O3and provide opportunity for public hearing inaccordance with 1SANC/\C
02H .0504. Any new or revised conditions shall be provided to Ms. Leslie Hartz and Atlantic
Coast Pipeline, LLC inwriting, shall beprovided tOthe U.5.Army Corps ofEngineers for
reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions 0fthe 4O4Permit for the project.
32. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a Certificate of Completion (available
on the Division website https://ed ocs. deg. In c.gov/Fo rmsZCertif icate-of-Com p I etio n). [15A
NCACU2H.O5OZ/8l
]3.This approval iSfor the purpose and design described inyour application and a5described in
the Public Notice. The plans and specifications for this project are)ncorponatedb«reference
and are an enforceable part of the Certification. Any modifications to the project require
notification to the Division and may require an application submittal tOthe Division with the
appropriate fee. [15ANCACO2H.05O1and .O502]
34. ACP shall require its contractors and/or agents to comply with the terms and conditions of
this Certification inthe construction and maintenance ofthis project. ACP shall also provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this Certification. Acopy nfthis Certification shall beavailable 3tthe
project site during the construction and maintenance of this pject. [I5ANCACO2H.0507(c)

Atlantic Coast Pipeline, LL[
DVVR#2O140957v2
Individual Certification #VVQCU04l62
Page I3ofl3
35./fthe property orproject isso|d0rtranSferned,thenevvP2nnh1eeshaUbe givenacopy of
this Certification and isresponsible for complying with all conditions. [15A0CA[02H.0501
36. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, orany right ofuse inany waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights ofany other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action respecting
the determination of riparian or littoral rights or other rights to water use. No consumptive
user isdeemed by virtue Vfthis Certification tO possess any prescriptive or other right of
priority with respect to any other consumptive user regardless of the quantity of the
withdrawal or the date on which the withdrawal was initiated or expanded. [15A NCAC 02H
37. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited toSediment and Erosion Control, Non -Discharge, Water
Supply Watershed, and Trout Buffer regulations. [l5A0[A[O2H.05O7/cU
38. This certification grants permission to the director, an authorized representative ofthe
Director, or Division staff, upon the presentation ofproper credentials, toenter the property
during normal business hours. /15ANCACO2H.0502/e\l
39. Non-compliance with or violation of the conditions herein set forth by a specific projectnnay
result in revocation of this Certification for the project and/or may result in criminal and/or
civil penalties. [I5ANCA[02H.O5O7/d\and G.S.143-215.6Aand 143-215.6B]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit. The conditions in
effect onthe date ofissuance shall remain ineffect for the life ofthe project, r8gard/essofthe
expiration date ofthis Certification. [I5/\NCA[02H.05O7/dV2\and 1SANCACOZH.O5O6l
This the 26th day of January 2018
Linda Culpepper, Interim Director
Division ofWater Resources
LClkohljob