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HomeMy WebLinkAbout20140957 Ver 2_More Info Requested_20170914WaterResources ENVWONMIENTAL QUALITY September 1314' 2017 tD T NT ..... .... Ac Atlantic Coast Pipeline, LLC Attn: Ms. Leslie Hartz 707 E. Main Street, 19th Floor Richmond, VA 23219 Subject: REQUEST FOR ADDITIONAL INFORMATION Atlantic Coast Pipeline Dear Ms. Hartz: ROY COOPER MICHAEL S. REGAN S. JAY ZIMMERMAN DWR Project #14-0957 v2 Northampton, Halifax, Nash, Wilson, Johnston, Sampson, Cumberland and Robeson Counties On May 8, 2017, the Division of Water Resources (Division) received your application dated May 3, 2017, requesting an Individual Water Quality Certification / Buffer Authorization from the Division for the subject project. Additional information was requested by the Division on June 27, 2017 andwa-s received on July 12, 2017. Two public hearings were held on July 18 and 20, 2017 in Fayetteville and Rocky Mount, respectively, with a public comment period from June 16 — August 19, 2017_,_to receive public comments on the proposed project. Comments received are available for review at the following link: http://edocs.deg.nc.gov/WaterResources/o/fo1/548242/Row1.aspx. The Division has determined that the following additional information is necessary to continue Lo_process your application [15A NCAC 02H .0502(c), 15A NCAC 02B.0233(8) and .0259 (8)]: 1. There are several eressings that are prepesed te be installed US; -- that de net make aeeernrnedat;ens fer the werkte be eernplet ry er W;+k—..+ e"esure te flewing water. This type ef eressing has the petential teintreduee sed;rnent;nte the strearn ehannel that ean eause degradatien ef dewnstrearn water quality with sting The project involves numerous stream crossings that have the potential to affect downstream water quality both temporarily during construction and permanently. Your application and responses to the Division provide thorough general descriptions of the plans for the project, however more site-specific detail is necessary to ensure that downstream water quality is protected. Provide the additional justification requested below: State ofNorth Carolina I Environmental Quality I WaterResources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 8076300 Atlantic Coast Pipeline, LLC Request for Additional Information DWR Project # 14-0957 v2 U Page 2 of 6 a. Add a column to the Wetland and Waterbody Crossing table (Appendix C-1) for each epen eut, darn and purnp—,ef4k+m-e-�wMaterbocly more than 30 feet in width that provides site specific reasons why each crossing could not be completed using the HDD method or a conventional bore to avoid impacts to the stream channel. 0 see a 0 a a . 11 - i. Provide a site-specific mustification for not working in the dry and a crossing plan for all open cut crossings proposed. These plans should include turbidity curtain locations, and upstream/downstream water quality sampling locations for turbidity and total dissolved solids (sampling for total dissolved solids is only required within Water Supply Watershed areas). "Your July 12, 2017 response to the Division-,+t-wa-s indicated that the open cut method was proposed for several crossings due to the presence of inundated wetlands. Many of these wetlands do not appear to be inundated based on aerial photography and identification of a discrete channel by the field survey. Provide documentation that the adjacent wetlands are inundated beyond the discrete channel for each of these crossings. iii. "Your July 12, 2017 response to the Division-,+t-wa-s also stated that utilizing a dry method for wai+y-�everal stream crossings would result in more impact for a longer duration. Provide an explanation of the additional impact and duration of the impact compared to using a dry method, including example site-specific plans showing the additional impact. iv. Both dam and pump and the flume method are listed for many stream crossings. Provide the criteria for selecting one method over the other, including who will make the decision and when the decision will be made. v. The typical diagrams for each strearn-crossing method indicate that a temporary bridge will be installed if needed. Provide the criteria to determine if a temporary bridge will be needed. If p=tgMppraU bridge isn't needed,.explain how eauioment willoperate without crossin ba and forth within the stream channel. d vi. Provide construction drawinas, includina construction seauencina for the Neuse River crossi Atlantic Coast Pipeline, LLC Request for Additional Information DWR Project # 14-0957 v2 U Page 3 of 6 b7c.Provide a restoration plan for all stream crossings. This can be accomplished by providing a typical restoration plan for each different type of restoration (e.g. restoration of preconstruction contours, laying back banks on incised streams, or placement of riprap to ensure streambank stability where the conditions at the crossing warrant this protection), and assigning which restoration plan will be used at each stream crossing. 2. Previde a site speeifie -'an fer all intermediate and rnajer 1— defined by PERG) that will be eressed using any ether rnethed than HDD er eenventienal bere rnethed. Per all eressings that will using the epen eut-m-et�, these plans sheuld inelude turbidity eurtain leeatiens, and upstrearn/dewnstrearn water q+,+al;,+Iy sarnpling4-e-eatiens fer turbidity and tetal disselved selids (sampling disselved selids is enly required within Water Supply Waters-h---��. 3. Beth darn and purnp and the flurne rnethed are listed fer many strearn erals'sings b1i pfevide the eriteria fer seleeting ene rneth-e�� the ether, ineluding ... the deeeissien and when the dee-i-rien will be made. n --:A- �L— �- A-�--;-- :f - L—:A— —;11 FkWV1tAt5 M. - P @ ry WWI- @qu!pm--- 1, —J -r—�L' HI v%fkt:Wi*4h- Previde eenstruetien drawings, ineluding eenstruetien stamped by a lie-ensed ePgflo,e e r er the Neuse River er-ess!ng. Previde a resteratien plan fer all strearn eressings. This ean be aeeernplished by a typieal resteratien plan fer eaeh different re !an that rnay stefa#e" preeenstruetien e- teu-FS, !a -y ing baek banks en ine;sed strearns, er plaeernent ef riprap te ensure strearnbank stability where the eenditiens at the eressing warrant this pretec4km-. S. Te iffl][paetS tea Streal-11SI red- — the eenstruetien eerrider wi-1+1- at strearn er-essing te 75 feet as is, fler wetland eressings er explain why +h;s isn't feasible. &2 � There are numerous places throughout the application where qualifiers are used when citing methods to protect water quality (e.g. may, as appropriate, as near as practical, where feasible, when needed, etc.). Propose a standard method and provide justification for each variation from the standard for each waterbody crossing. 773 � Provide a list of the drinking water well testing parameters. 8-A Provide the locations and rate of discharge of hydrostatic test water. Atlantic Coast Pipeline, LLC Request for Additional Information DWR Project # 14-0957 v2 U Page 4 of 6 -9,5 The Division received numerous comments expressing concern over potential sedimentation and turbidity from the construction of the pipeline. The Division understands from the Division of Energy, Mineral and Land Resources (DEMLR) that the proposed pipeline will be covered under two Sediment & Erosion Control Plans (one for Northampton, Halifax, Nash, Wilson, and Johnston Counties; one for Sampson, Cumberland and Robeson Counties), but is exempt frern NPDES Sterrnwater Perrn;++;__ and therefere will net be eevered under the NGG010000 (Genstruetien Sterrnwater neral Perrnit�nhere may be an exemption from NPDES Stormwater permitting. a. Provide all Sediment& Erosion Control plans for the project using the following link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form. b. Provide an overview of the sediment and erosion control measures you plan to implement as part of your Sediment & Erosion Control Plan, including if there are any measures or steps you plan to voluntarily take above the minimum requirements (e.g. implementing the requirements in Section II.B. of the NCGO10000 Construction Stormwater General PerMLitp---�, etc.). -1-G7 6 � Provide a plan to monitor all stream and wetland restoration through two growing seasons once vegetation is established. 1'=117 � The Division requires additional information regarding cumulative impacts. It is important to note that an analysis of cumulative impact is required regardless of whether these projects are separate from the ACP, not within ACP's purview or undertaken by entities other than ACP. a. Provide a map of the proposed pipeline showing all existing transmission pipelines and their associated distribution points in North Carolina. b. Provide the shapefiles for the proposed pipeline routea rnap ef the prepesed pipeline with all state sterrnwater pregrarns [Phase 1 & 11 (ineluding ti[-I[pled eeunties), Geastal Sterrnwater, Nutrient Sensitive Waters (N SIAA U; -k .. 11 - ''b'' —ILY H nlAh, Outstanding Reseuree Waters-(QRW�, 1A later Supply Wate-r&h-e4s4 I vv and 303d listed waters (ineluding the pararneter(s) fer whieh they are irn--'-A� that are ssed by the prepesed pipeline. Tk^ pregrarn referenee GIS layer ean be dewnleaded enline.. . — IL ....... ---. https://deEl.ne.gev,lsw rnaps. ii. Gentaet Melanie Williams (rnelanie.willi edenr.gev) (eaFn.rnenutt@nedeff:geV% evide the GIS layer fer 303d listed waters. if needed. e. Previde strearn and wetland irnpaets, and any required rnitigatien, asseeiated with the prejeets listed in Table A 1 - Pest, Present end Reesenobily r ., . ereseeeble Future Pr--;eet-s,-"--r- the Atlent,; AI i e Geest AO'eh;ne Gn- SUPPIX —1 1 1 -J1— I a n\ Atlantic Coast Pipeline, LLC Request for Additional Information DWR Project # 14-0957 v2 Page 5 of 6 4-.c.The application indicates Metering and Regulating stations will be constructed in Johnston, Cumberland and Robeson Counties. jehnsten is a Neuse NS�A eeunty and Cumberland is ithin Fayetteville's Phase 11 pregrarn; Rebesen Geunty is neither. -Provide a quentitetive -qualitative cumulative impact analysis for the pertiens ef Rebesen Geunty that are net in a H IA/,+ -,,k^,4 IUIA/n% Water Supply Water these three counties. Refer to the Division's Cumulative Impact Policy for the 401 and Isolated Wetland Permitting Programs (Ver2.1, dated April 10, 2004) for guidance on cumulative impact analyses, available online: https://files.nc.gov/ncdeg/Water`/`20Quality/Surface`/`2OWater`/`2OProtection/4 Ol/Policies Guides Manuals/CumulativelmpactPolicy.pdf. e,d� Based on the Division's review, the proposed pipeline will cross Moccasin Creek [27-53-(0.5)] in Johnston County, which is a 303d stream impaired for benthos. The proposed pipeline will also cross just upstream of the following 303d streams: i. Stony Creek [28-68b] in Nash County, which is impaired for benthos and dissolved oxygen; ii. Tar River [28-(36)bl in Nash County, which is impaired for dissolved oxygen;and iii. Mill Creek [27-52-(1)b] in Johnston County, which is impaired for dissolved oxygen. Based on past and concurrent construction projects, provide a quantitative cumulative impact analysis from construction activities of the pipeline for the 4 watersheds listed above, or alternatively provide a commitment to implement the requirements in Section II.B. of the NCGO10000 permit or other similar additional best management practices in these 4 watersheds. Pursuant to 15A NCAC 02H .0502(e) / 15A NCAC 0213.0233 / 15A NCAC 02B .0259, the applicant shall furnish all the above requested information for the proper consideration of the application. Please respond in writing within 30 days by sending one copy of all the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under the Section 401 of the Clean Water Act or the Neuse or Tar -Pamlico Buffer Rules for this activity and any work done within waters of the state or protected riparian buffers may be a violation of North Carolina General Statutes and Administrative Code. I a n\ Atlantic Coast Pipeline, LLC Request for Additional Information DWR Project # 14-0957 v2 Page 6 of 6 Contact Karen Higgins at 919-807-6360 or karen.higgins@ncdenr.gov or Jennifer Burclette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or concerns. Sincerely, Jeff Poupart, Chief Water Quality Section cc: Richard Gangle, Dominion Resources Services, Inc. (via richard.b.gangle@dom.com) Spencer Trichell, Dominion Resources Services, Inc. (via spencer.trichell@dom.com) USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 140957v2AtianticCoastPipeline(Multi)_401—IC—NRB—TAR—Addlnfo2.docx