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COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Molly Joseph Ward Mailing address: P.O.P. O. Box 1105,1105, Richmond, Virginia 23218 David K. Paylor Secretary of Natural Resources www.deq.virginia.govwww.deq.virginia.gov Director (804)(804) 698-4000 1-800-592-54821-800-592-5482 April 6, 2017

Mr. Nathaniel J. Davis,Davis, Sr., Deputy Secretary FederalFederal EnergyEnergy RegulatoryRegulatory Commission 888 FirstFirst Street NE,NE, RoomRoom 1A1A Washington, DC 20426

RE:RE: FederalFederal Energy Energy Regulatory Regulatory Commission Commission DraftDraft Environmental Environmental ImpactImpact Statement for the Atlantic CoastCoast Pipeline and Supply Header Project (Docket Nos. CP15-554- 000, CP15-554-001, CP15-555-000 and CP15-556-000; FERC/EIS-0274D;FERC/EIS-0274D; OEP/DG2E/Gas Branch 4; DEQ 16-248F).16-248F).

DearDear DeputyDeputy Secretary Davis:Davis:

The Commonwealth of Virginia has completed its review of the draft environmental impactimpact statement (DEIS)(DEIS) for the portions of the Atlantic Coast Pipeline (ACP) Project in Virginia. The Virginia Department of Environmental Quality (DEQ) is responsible for coordinating Virginia's reviewreview of federal environmental documents prepared pursuant to the NationalNational EnvironmentalEnvironmental Policy Act (NEPA) and respondingresponding to appropriate federal officials on behalfbehalf of the Commonwealth. This letter, including attachments, is the Commonwealth of Virginia's responseresponse to the DecemberDecember 30,30, 2016 publicpublic notice,notice, issuedissued by the FederalFederal EnergyEnergy RegulatoryRegulatory Commission (FERC or Commission) for the ACP DEIS.DEIS.

The comments from Virginia's agency reviewers primarily focus on recommending measures to mitigatemitigate potentialpotential environmental impacts. InIn general, participants inin the Commonwealth's reviewreview support the recommendationsrecommendations inin the DEISDEIS to coordinate with government agencies, adhere to protective construction measures, and mitigate for unavoidable impacts. impacts. These statements are discussed in the detailed comments from reviewersreviewers inin Attachment B. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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Coordinated Review

As part of the Commonwealth's review,review, DEQ requested comments from state agencies, localitieslocalities and planning district commissions. DEQ notified reviewers of the availability of the DEIS and additional informationinformation submitted to the FERC docket by Atlantic Coast Pipeline, LLC (Atlantic or ACP, LLC) on January 10, January 19, January 20, January 27 and FebruaryFebruary 9, 2017. ReviewersReviewers also had an opportunity to review files of the route suitable for use in Geographic Information System software that were provided by Atlantic. The comments that were submitted as part of this review are attached and organized as follows:

•. Attachment A: RecommendationsRecommendations for the FEIS, Plans and Procedures •. Attachment B:B: DetailedDetailed comments from reviewersreviewers

Attachment A includes more than 100100 recommendations that are based on a summation of comments from participatingparticipating agencies and a locality. This summary highlights priorities derived from submitted comments and is not meant to substitute thethe totality of the individualindividual comments inin Attachment B. The Commonwealth recommends that FERC consider every comment, correction or recommendation detailed in Attachment B that FERC did notnot already address during the consideration of Attachment A.

Thank you for the opportunity to comment. If you have questions, please do not hesitate to contact me at [email protected]. sullivan@deq. virginia. gov or (804) 698-4204.

Sincerely, ^^~^M- Bettina Sullivan, Manager Environmental Impact Review and Long RangeRange Priorities Program Enclosures

ec: Kevin Bowman,Bowman, FERCFERC Amy Ewing,Ewing, DGIF Keith Tignor, VDACS Robbie Rhur,Rhur, DCR Jason Bulluck, DCR Drew Hammond, VDH Susan Douglas,Douglas, VDH RogerRoger Kirchen, DHR DavidDavid Spears, DMMEDMME 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERCFERCACPDEIS ACP DEIS DEQ 16-248F PagePage3 3 Greg Evans, DOF TonyTonyWatkinson, Watkinson, VMRC RandyRandy Owen, VMRC ElizabethElizabeth Jordan, VDOT RustyRusty Harrington,Harrington, DOAV Scott Denny, DOAV Martha Little, VOF Bruce Sterling, VDEM Colonel W. Steven Flaherty,Flaherty, VSP Jennifer Mitchell, DRPT RobertaRoberts Lambert,Lambert, HighlandHighland County Ashton N.N. Harrison,Harrison, BathBath County Timothy Fitzgerald, Augusta County Stephen A. Carter, Nelson County RebeccaRebecca Carter, Buckingham County Vivian Seay Giles, Cumberland County Wade Bartlett, Prince Edward County RonaldRonald E.E. Roark,Roark, NottowayNottoway County W. KevinKevin Massengill,Massengill, DinwiddieDinwiddie County CharletteCharlotte T. Woolridge, Brunswick County K. DavidDavid Whittingham, Greensville County Michael W. Johnson, Southampton County PatrickPatrick Roberts,Roberts, City of Suffolk Tim Howlett,Hewlett, City of ChesapeakeChesapeake Michael G. HampHamp II,II, City of Waynesboro Stephen F. Owen, City ofofStaunton Staunton Russ Pace, City of Franklin Brian Thrower, CityCity of EmporiaEmporia Joseph F. Morrissette,Morrissette, Town of Burkeville Cindy Morris, Town of FarmvilleFarmville PhilipPhilip Vannoorbeeck, Town of Blackstone Bonnie Riedesel,Riedesel, Central Shenandoah PDC Chip Boyles, Thomas Jefferson PDC Mary S. Hickman, Commonwealth Regional Gail P. Moody, Southside PDC Ben McFarlane,McFarlane, HamptonHampton Roads PDC 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Molly Joseph Ward Mailing address: P.O. Box 1105, Richmond, Virginia 23218 David K. Paylor Secretary of Natural Resources www.deq.virginia.gov Director (804) 698-4000 1-800-592-5482

ATTACHMENT A: RECOMMENDATIONS FOR THE FINAL ENVIRONMENTAL IMPACT STATEMENT, PLANS AND PROCEDURES

The recommendations within this attachment are organized as follows:

• Part I: Section 5.2 of the Final Environmental Impact Statement o New Recommendations for Section 5.2 o Modifications to Existing Recommendations in Section 5.2 • Part II: Recommendations for Other Sections of the FEIS, Plans and Procedures o Route Changes and Variations . Conservation Sites . Gardner Spring . Surface Waters . Water Supply . Wildlife Resources . Karst Features o Recommendations for Preconstruction Planning, Surveys and Studies . Wetlands and Surface Waters . Soil and Slope Stabilization . Karst Resources . Wildlife Resources . Contaminated Soil, Sediment and Groundwater . Recreational and Scenic Resources . Water Withdrawals . Geologic and Mineral Resources and Mines . Acid-Producing Rock and Soils . Pollution Prevention . Aviation . Water Supplies and Drinking Water Sources . Shapefiles . Waste Database Search . Plant and Wildlife Surveys and Special Status and State-Sensitive Resources 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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. Transportation System o Mitigation Measures for Construction and Maintenance Activities . Wetlands and Surface Waters . Hydrostatic Testing . Stream Crossings . Forest Resources . Wildlife Resources . Government-Funded Best Management Practices . Open Burning and Fugitive Dust . Aviation . Water Supplies . Polychlorinated Biphenyl (PCB) Contamination . Flood Hazard Area . Conservation Sites . Transportation System o Recommendations for Specific Plans . Spill Prevention Controls and Countermeasures . Migratory Bird Conservation Plan . Invasive Plant Species Management Plan . Plans for the Management of Waste and Contaminated Soil, Sediment and Groundwater . Plan for Discovery of Unanticipated Paleontological Resources . Blasting Plan . Karst Terrain Assessment Construction, Monitoring and Mitigation Plan . Karst Survey Report . Traffic and Transportation Management Plan . Wetland and Waterbody Construction and Mitigation Procedures . Restoration and Rehabilitation Plan . Site-Specific Horizontal Directional Drill Plans . Timber Removal Plan . Contaminated Media Plan . Protected Snake Conservation Plan . Non-Native Invasive Plant Species Management Plan within the Draft Construction, Operation and Maintenance Plans o Errors and Clarification Needs in the DEIS 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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Part I: Section 5.2 of the Final Environmental Impact Statement

The Commonwealth of Virginia recommends that the Federal Energy Regulatory Commission (FERC or Commission) include the following recommendations in Section 5.2 of the Final Environmental Impact Statement (FEIS) and that if the Commission approves the construction and operation of the Atlantic Coast Pipeline (ACP) Project, it condition the order on adherence to these recommendations. If FERC does not include these recommendations in Section 5.2, then the Commonwealth recommends that they be incorporated in appropriate sections of the FEIS, plans and procedures as mitigation measures. To the extent practicable, the Commonwealth recommends that the U.S. Forest Service also consider these recommendations to the degree that they relate to decisions under its jurisdiction.

1) New Recommendations for Section 5.2

a) Recommendation: Given the adverse impact to forested cores that has been documented and recognized by FERC as significant in its analysis, the Commonwealth of Virginia recommends that FERC include in Section 5.2 a recommendation that directs the Atlantic Coast Pipeline, LLC (Atlantic or ACP, LLC) to coordinate with Virginia’s natural resource agencies and applicable federal agencies on an acceptable mitigation plan to offset and compensate for the significant forestland impacts in Virginia, including direct and indirect loses and fragmentation effects. Failing to account for indirect impacts of the ACP to forests would gravely underestimate the extent to which the project will impact Virginia’s forests. For additional evidence to support the recommendation, see comments from the Commonwealth’s natural resource agencies in Attachment B.

b) Recommendation: Include a requirement directing ACP, LLC to develop an Acid Soil Mitigation Plan and implement horizontal directional drilling (HDD) to the maximum extent practicable in areas containing acid soils. The Department of Environmental Quality (DEQ) cautions that exposing these soils to the atmosphere through open trenching operations could result in acidic runoff, potentially resulting in environmental impacts. The plan should address how these areas will be managed, the disposition of acid soils, and details regarding proper storage and disposal practices. See the DEQ comments in Attachment B for a list of the milepost locations where acid sulfate soils are present along the ACP route.

In addition to acid sulfate soils, the project includes other areas of special interest such as karst, steep slopes, and slide prone areas. DEQ considers stormwater management and erosion and sediment control (ESC) measures to be critically important to minimizing potential water quality impacts from the ACP Project. Proper stormwater management and ESC design, implementation, and 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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monitoring will be paramount in protecting these resources. The ESC procedures contained in the DEIS are not representative of the full scope of Virginia’s requirements for stormwater and ESC. DEQ has required Atlantic to submit site- specific ESC plans to be reviewed and approved prior to land-disturbing activity. These ESC plans will be expected to meet and exceed Virginia’s requirements, particularly in areas of special interest. See the DEQ comments in Attachment B.

c) Recommendation: Add a recommendation to direct Atlantic to conduct pre- impact characterizations of proposed stream and wetland crossings to include sufficient evidence that the system will be able to maintain its original functions indefinitely after restoration. DEQ is concerned that the proposed temporary impacts could result in a permanent alteration of the impacted systems post construction. Pre-impact characterizations should include stream surveys and subsurface investigations at temporary stream and wetland impact areas to establish the feasibility of restoring the systems post-construction and hydrologic assessments, including piezometers, to establish pre-impact hydrologic conditions at temporary wetland impact areas. See the DEQ comments in Attachment B.

d) Recommendation: Include a requirement that directs ACP, LLC to develop a comprehensive Water Quality Monitoring Plan that describes how water quality monitoring will be conducted before, during, and up to five years after project construction. The plan should focus on identifying an appropriate number of monitoring locations above and below where open trench crossing or HDD are used in critical areas such as wild/stocked trout streams, endangered/threatened species waters, public water supplies, total maximum daily load (TMDL) watersheds, Tier 3 streams, areas near acidic soils, and streams with high Virginia Stream Condition Index (VSCI) scores. The plan should consider real- time temperature, dissolved oxygen, and turbidity monitoring (such as that done in Virginia by the U.S. Geological Survey), which could allow the public and all agencies involved to access the data real-time. Additionally, the plan should include a collection of macroinvertebrates, fish, and habitat data, using DEQ- approved methods above and below identified crossings during the project, and the collection should be done yearly for 5 years after completion of the project. ACP, LLC should also update other plans detailing post-construction monitoring, restoration, and rehabilitation to include this requirement, as applicable. See the DEQ comments in Attachment B.

e) Recommendation: Add a requirement directing Atlantic to manage water withdrawals for hydrostatic testing so that no more than 10 percent of the instantaneous flow rate from the channel is removed, the intake screen openings do not exceed 1 millimeter, and the screen face intake velocities are not greater than 0.25 feet per second to avoid an adverse effect or impairment. Water 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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withdrawals for hydrostatic testing of water-tight containers, pipeline, and vessels from non-tidal waters are excluded from a permit under Virginia Water Protection Permit Program regulations (9 VAC 25-210-310.A.6) regardless of the volume withdrawn. However, 9 VAC 25-210-310.B allows the State Water Control Board to require a permit if the withdrawal is found to cause an impairment, adversely affect beneficial uses, or violate water quality standards.

f) Recommendation: Add a requirement that prior to construction, Atlantic will conduct dye tracing studies wherever the ACP crosses karst terrain, if prior dye tracing information does not exist or is insufficient for that area. Dye traces within the general project area have shown connections of karst features to springs and wells as far away as 7 miles for areas northwest of the Staunton/Pulaski/North Mountain Fault system (e.g., the Ridge and Valley). Dye trace studies should occur after final route approval but prior to construction. Atlantic should coordinate with the Department of Conservation and Recreation (DCR), DEQ, Department of Mines, Minerals and Energy (DMME) and the U.S. Geological Survey to determine which areas in the Great Valley are appropriate for dye trace studies (e.g. Cochran’s Cave area in Augusta County). Dye trace studies will be beneficial to determining the subterranean flow of water entering karst features and notifying potentially impacted stakeholders in the case of a release. Atlantic should add DCR to the list of agencies reviewing and commenting on karst- related issues. See the DCR comments in Attachment B for additional information.

2) Modifications to Existing Recommendations in Section 5.2

a) Recommendation 5: Require Atlantic to provide information on new route realignments or facility relocations, including staging areas, contractor yards, new access roads, and other areas that have not been previously identified in filings to DEQ and other entities responsible for permitting.

b) Recommendation 6(a): Incorporate the recommended mitigation measures in Attachments A and B into the referenced Implementation Plans.

c) Recommendations 8 and 24: Require Atlantic to provide DEQ with updated status reports, plans, and site-specific crossing plans for major waterbody crossings. See the DEQ comments in Attachment B.

d) Recommendation 28: Direct Atlantic to consult with the Virginia Department of Forestry (DOF) regarding recommended mitigation measures and seed mixtures for any forested area that may be adjacent to or near DOF state forest and/or easement properties. See the DOF comments in Attachment B. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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Part II: Recommendations for Other Sections of the FEIS, Plans and Procedures

The Commonwealth of Virginia encourages FERC to incorporate the following recommendations into appropriate sections of the FEIS, plans, and procedures. To the extent practicable, the Commonwealth recommends that the U.S. Forest Service also consider these recommendations to the degree that they relate to decisions under its jurisdiction.

1) Route Changes and Variations

a) Conservation Sites

i) Recommendation: Avoid the Cochran’s Cave Conservation Site entirely or follow DCR’s recommendations in Attachment B for the protection of this very sensitive area.

ii) Recommendation: Avoid the Spruce Creek Tributary Conservation Site and the Emporia Powerline Bog Conservation Site. See the DCR comments in Attachment B.

iii) Recommendation: Avoid all other DCR-designated conservation sites. See DCR comments in Attachment B.

iv) Recommendation: Reroute the pipeline so that it is at least 300 meters from a tiger salamander breeding pond within the Lyndhurst Ponds Conservation Site and follow DCR’s recommendations to protect this species. See DCR comments in Attachment B.

b) Gardner Spring

i) Recommendation: Consider the concerns raised by the City of Staunton when evaluating route adjustments in the Gardner Spring recharge area. See the City of Staunton comments in Attachment B.

c) Surface Waters

i) Recommendation: Evaluate recommendations from DEQ on the proposed reroutes and alignment adjustments, including co-location of utilities, that DEQ provided by milepost. See the DEQ comments in Attachment B. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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d) Water Supply

i) Recommendation: Consider moving the staging area/construction site away from the sinking portion of Hamilton Branch which may have a direct connection to the municipal water supply for the Town of Deerfield. See the DEQ comments in Attachment B.

e) Wildlife Resources

i) Recommendation: Consider the long-term impacts of forest fragmentation and minimize them to the greatest extent possible by co-locating the pipeline within already-disturbed utility corridors and early successional habitats. See the Department of Game and Inland Fisheries (DGIF) comments in Attachment B.

ii) Recommendation: Modify the pipeline route to avoid impacts upon suitable habitat for timber rattlesnakes, state-listed endangered canebrake rattlesnakes, especially canebrake rattlesnakes in eastern Virginia, and scarlet kingsnakes. See the DGIF comments in Attachment B.

f) Karst Features

i) Recommendation: Avoid impacts to karst features to the maximum extent practicable and monitor resurgent springs in Highland County. See the DCR comments in Attachment B.

2) Recommendations for Preconstruction Planning, Surveys and Studies

a) Wetlands and Surface Waters

i) Recommendation: Include an inventory of the location of private ponds relative to the pipeline and road network. Locate road and pipeline crossings down gradient of private ponds to the maximum extent possible and develop enhanced ESC measures to protect ponds from secondary impacts of construction where route adjustments are not possible. See the DEQ comments in Attachment B.

ii) Recommendation: Provide details regarding the material to be used and installation methods for all temporary culverts and temporary fill in waterbodies and wetlands for permanent and temporary access roads, including methods proposed to stabilize fill material. Include a detailed analysis of all alternatives relative to the use of culverts and temporary fill, 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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such as relocations and bridges, to reduce both permanent and temporary waterbody impacts. Discuss and identify the location of fill sources, as obtaining fill may cause additional impacts. See the DEQ comments in Attachment B.

iii) Recommendation: Consider HDD, if practicable, at crossings of sensitive waters since the method would not result in impacts to streams and is considered an avoidance measure. See the DEQ comments in Attachment B.

iv) Recommendation: Consider DEQ recommendations to protect surface water resources, including increasing the number of temporary access roads where possible and using a more robust method of determining stream type. See the DEQ comments in Attachment B.

v) Recommendation: Conduct pre- and post-construction monitoring of benthic assemblages, relative bed stability, and riparian forest cover for segments of the pipeline that cross applicable total maximum daily load (TMDL) watersheds, Class V and VI waters, threatened and endangered species waters, and benthic impairments. See the DEQ comments in Attachment B for location-specific details and additional recommendations for TMDL watersheds, benthic impairments, Class V Stocked Trout Streams, Class VI Wild Trout Streams, Threatened and Endangered Species Waters, and other impairments.

vi) Recommendation: Clarify that all stream crossings, including those associated with cathodic protection systems, will adhere to established Wetland and Waterbody Construction and Mitigation Procedures. See the DEQ comments in Attachment B.

vii) Recommendation: Provide additional information on how the 10-foot-wide corridor centered over the pipeline within wetlands would be maintained in a herbaceous state due to the potential for impacts to DCR powerline bog conservation sites. Follow DCR’s recommendations for maintaining the corridor and manage pipeline and transmission right-of-ways as one unit within the Handsom-Gum Powerline, Emporia Powerline Bog and Branchville Powerline Conservation Sites. See the DCR comments in Attachment B.

b) Soil and Slope Stabilization

i) Recommendation: Consider DGIF’s comments and follow its recommendations to protect sensitive biological and hydrogeological features as provided to Atlantic in a February 7, 2017 letter, which is attached to the 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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DGIF comments in Attachment B.

c) Karst Resources

i) Recommendation: Follow DCR’s recommendations to address the impacts if a failure occurs and there is a discharge to karst waters, potentially resulting in impacts to subsurface habitat, drinking water, and surface streams fed by karst springs. See the DCR comments in Attachment B.

ii) Recommendation: Consider that effects to wells and springs could potentially extend outside of the current 500-foot karst investigation buffer since blasting has the potential to include permanent alteration of groundwater flow patterns and yields of wells and springs. See the DEQ comments in Attachment B.

iii) Recommendation: Ensure the protection of karst structures, the wildlife species they support, and the waters they contain. See the DGIF comments in Attachment B.

d) Wildlife Resources

i) Recommendation: Update preconstruction requirements to include a recommendation for a mussel survey regarding the proposed location for crossing the Cowpasture River, which has been designated a Threatened and Endangered Species Water due to the presence of federally listed endangered James spinymussels. See the DGIF comments in Attachment B. The DGIF comments include the following recommendations:

• Perform a mussel survey and relocation from 100 meters upstream through 400 meters downstream of impact areas in the Cowpasture River. This survey should be performed by a qualified, permitted biologist, preferably no more than six months prior to the start of construction. • Ensure that all survey and relocation activities adhere to draft guidance for freshwater mussels in Virginia (attached to DGIF’s detailed comments in Attachment B). • Coordinate any relocations with DGIF. • Coordinate with the U.S. Fish and Wildlife Service (FWS) prior to relocating federally listed species. • Submit survey results to DGIF. Upon review of the results, DGIF will make final recommendations regarding the protection of listed species known from the area. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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• Adhere to a time-of-year restriction of May 15 through July 31 on all instream work. • See DGIF comments in Attachment B for an alternative photographic habitat assessment.

ii) Recommendation: Assess all newly proposed areas of disturbance for their suitability to support any of the listed species known from the area per DGIF’s previous comments to FERC and Atlantic, and report the results to DGIF. See the DGIF comments in Attachment B.

iii) Recommendation: Adhere to DGIF’s recommendations regarding instream work best management practices (BMPs) and ways to minimize the impacts of linear utility development on wildlife and their habitats as described in the agency’s February 7, 2017 letter to Atlantic. See the DGIF comments in Attachment B for a copy of the letter.

iv) Recommendation: Adhere to all of DGIF’s time-of-year restrictions that are detailed in the DGIF comments and attachments in Attachment B.

v) Recommendation: Incorporate the following recommendations to protect wildlife resources (see the DGIF comments in Attachment B for additional information):

• Coordinate with the National Oceanic and Atmospheric Administration Fisheries Service regarding the protection of Atlantic sturgeon and consider additional time-of-year restrictions. • Follow DGIF’s guidance on the Roanoke logperch and provide clarifications as requested by DGIF: o Follow an instream work time-of-year restriction from March 15 through June 30 of any year in the Nottoway River drainage and at the site of any instream work within 1-mile upstream of these waters. o Provide results of the on-site assessment performed in 2016 at UNT Nottoway River 1 Access Road and UNT Nottoway 2. o Adhere to the remainder of DGIF’s recommendations regarding the Roanoke logperch in its attached comments. o Adhere to the Fish Relocation Plan developed cooperatively between FWS, DGIF, and Atlantic. • Adhere to typical instream work BMPs, including adherence to erosion and sediment controls and the Fish Relocation Plan, to protect the Orangefin madtom. • Coordinate with DGIF, FWS, and DCR regarding survey and protective recommendations for the Madison Cave isopod. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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• Follow DGIF’s recommendations to protect freshwater mussels: o Follow DGIF’s recommendations made in the February 7, 2017 letter to Atlantic regarding Threatened and Endangered Species Waters as well as associated freshwater mussels. o Adhere to recommendations for assessments and surveys related to the presence of mussels at the crossing of the Cowpasture River, James River, Appomattox River, Nottoway River, Sturgeon Creek, Meherrin River and their perennial tributaries. o Continue to coordinate with DGIF and FWS regarding the survey of the Jackson River for freshwater mussels. o Adhere to previously recommended time-of-year restrictions for instream work to protect mussels known from designated Threatened and Endangered Species Waters and instream work at sites within 1 mile upstream, whether or not listed mussels were found during surveys. Update Appendix K1 to reflect the commitment from Atlantic to adhere to this time-of-year restriction. o Coordinate with DGIF and FWS to determine if additional surveys need to occur prior to construction since negative surveys are only valid for two years. • Follow DGIF’s recommendations to protect listed salamanders: o Evaluate wetlands proposed to be impacted by pipeline construction, operation, maintenance, and within the documented range of listed salamanders for habitat suitability. Protect wetlands with suitable habitat and an upland buffer of 300 meters around the wetland or pond from project impacts. o Assess any wetlands located in Augusta or Nelson counties for suitable eastern tiger salamander habitat that are newly proposed for impacts or were not accessible during 2016, and survey any suitable wetlands following previously provided protocols. Survey wetlands in 2017 that were determined to provide suitable habitat in 2016 but that were not occupied. o Conduct additional habitat surveys to confirm lack of presence of ambystomid salamander in wetlands and ponds. o Assess any wetlands located in the City of Suffolk for suitable Mabee’s salamander habitat that are newly proposed for impacts or were not accessible during 2016, and survey any suitable wetlands following previously provided protocols. • Follow DGIF’s recommendations to protect listed bats: o Consider DGIF’s comments and follow its recommendations related to acoustic and mist-net surveys of federally- and state-listed bats as conveyed in DGIF’s February 7, 2017 letter to Atlantic. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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o Avoid impacts upon all previously-known and newly documented hibernacula, roost sites, and roost trees, and adhere to federal guidelines for their protection. o Coordinate with DGIF regarding any unavoidable impacts located within half a mile of such resources for state-listed bats only. o Asses any new lands and habitats now within the project scope following previously used protocols. o Adhere to DGIF’s Best Management Practices for Conservation of Little Brown Bats and Tri-colored Bats, and coordinate with DGIF and FWS on potential impacts. • Follow DGIF’s recommendations to protect listed small mammals: o Consider comments and follow recommendations on completed habitat assessments and small mammal surveys provided in DGIF’s February 7, 2017 letter to Atlantic. o Avoid impacts upon areas that have been identified from previous assessments and surveys as suitable habitat for listed small mammals. o Continue to coordinate with DGIF regarding small mammals as surveys and assessments continue in 2017, on lands not accessible during 2016, and on lands that are newly within the project scope. • Follow DGIF’s recommendations to protect listed birds: o Protect state-listed threatened loggerhead shrikes and adhere to time- of-year restrictions from April 1 through July 31 of any year for ground clearing and tree removal in Highland, Bath, or Augusta counties and within the Rockfish Valley Region of Nelson County. o Consider and follow recommendations on surveys for loggerhead shrikes provided in DGIF’s February 7, 2017 letter to Atlantic. o Update the DEIS to include information about loggerhead shrikes, DGIF’s recommendations regarding their protection, survey results, and Atlantic’s commitment to adhere to time-of-year restrictions. o Assess habitat for state-listed threatened peregrine falcons along the pipeline route for nests or nesting habitat during already planned aerial surveys. o Coordinate with DGIF if significant bridge or near-bridge disturbance in eastern Virginia becomes part of the project to protect nesting peregrine falcons on such structures. o Continue to coordinate with FWS regarding red-cockaded woodpeckers. • Follow DGIF’s recommendations to protect Bald and Golden eagles: o Continue coordination with FWS regarding potential impacts upon bald and golden eagles under the Bald and Golden Eagle Protection Act and adhere to Virginia’s Bald eagle management guidelines. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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• Follow DGIF’s recommendations to protect listed snakes and other snakes: o Implement long-term vegetation management along the pipeline corridor in areas known to support canebrake rattlesnakes that is consistent with conservation measures for the species. o Adhere to the Protected Snake Conservation Plan. • Follow DGIF’s recommendations to protect trout streams: o Adhere to a time-of-year restriction from October 1 through March 31 of any year in waters known to support brook trout and/or brown trout for waters identified in DGIF’s February 7, 2017 letter. o Adhere to a time-of-year restriction from March 15 through May 15 of any year in waters known to support rainbow trout for waters identified in DGIF’s February 7, 2017 letter. o Confirm that Atlantic will adhere to the DGIF time-of-year restrictions and update Appendix K1 to reflect this commitment. o Adhere to DGIF recommendations to ensure avoidance or minimization of conflicts with the stocking and angling activities in the stocked streams identified in DGIF’s February 7, 2017 letter. • Follow DGIF’s recommendations to protect anadromous fish use areas: o Adhere to a time-of-year restriction from February 15 through June 30 of any year for instream work to protect fish migration and spawning in designated Confirmed and Potential Anadromous Fish Use Areas and their tributaries or instream work within 1 mile upstream of these areas as listed in DGIF’s February 7, 2017 letter. o Clarify Atlantic’s commitment to adhere to time-of-year restrictions to protect anadromous fish use areas due to conflicting information in the DEIS and Appendix K1.

e) Contaminated Soil, Sediment and Groundwater

i) Recommendation: Ensure that the Environmental Inspectors (EIs) complete more specific training, use proper field equipment for contamination analyses, and contact the appropriate regulating agency. Update the Contaminated Media Plan with this recommendation. See the DEQ comments in Attachment B.

f) Recreational and Scenic Resources

i) Recommendation: Include coordination with the DCR Division of Planning and Recreational Resources on mitigation of impacts to the Great Eastern Trail, Appalachian National Scenic Trail, James River Heritage Trail, East Coast Greenway and the Beaches to Bluegrass trails. See the DCR 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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comments in Attachment B for additional information.

ii) Recommendation: Coordinate with local governments to explore the possibility of creating water access sites at water crossings that correspond with established water trails, and use native plants species to restore areas along the proposed route. See DCR comments in Attachment B.

g) Water Withdrawals

i) Recommendation: Identify steps that Atlantic and its contractors will take during the hydrostatic testing to meet the requirements to avoid an adverse effect or impairment as stated in Item 1(e) in Part 1 of these comments under recommendations for Section 5.2. See also DEQ comments in Attachment B.

ii) Recommendation: Add a requirement that Atlantic or its contractors notify the DEQ Office of Water Supply (OWS) of the locations and dates of withdrawals for hydrostatic testing at least 60 days prior to the proposed withdrawals for guidance on any restrictions due to low flow or drought conditions. See DEQ comments in Attachment B.

iii) Recommendation: Withdraw water for hydrostatic testing during periods of higher streamflow (as compared to the proposed August through October timeframe, which is typically the lowest flow period for all stream channels), and provide an assessment of the river flows where withdrawals are proposed that includes a discussion of how the withdrawals will affect flows, particularly during low flow or drought conditions. See DEQ comments in Attachment B.

iv) Recommendation: Assess whether water withdrawals may affect downstream water users, particularly during low flow periods, including but not limited to the water users identified in DEQ’s comments in Attachment B.

v) Recommendation: Include an acknowledgement that if direct withdrawals from groundwater or surface water sources are needed for hydrostatic testing that exceed 10,000 gallons during any single day, Atlantic must comply with the requirements of 9 VAC 25-200 Virginia Water Withdrawal Registration and Reporting and provide a discussion of what steps Atlantic and its contractors will take during the withdrawals to ensure that these requirements are met. See the DEQ comments in Attachment B.

vi) Recommendation: Ensure that all intakes are fitted with a 1 millimeter mesh screen, intake velocities do not exceed 0.25 fps, and no more than 25 percent of stream input is withdrawn to protect resident aquatic species from impingement and entrainment. Continue to coordinate with DGIF and FWS 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 15

regarding proposed water use during pipeline construction to ensure avoidance or minimization of impacts upon native systems. See the DGIF comments in Attachment B.

vii) Recommendation: Avoid introductions of non-native aquatic invasive species during water withdrawals and develop and use an aquatic invasive species management plan. See the DGIF comments in Attachment B.

viii) Recommendation: Coordinate with facilities that have existing groundwater withdrawals regarding construction, pipeline-related water withdrawals, and other activities that may affect them. See a map in the DEQ comments in Attachment B.

h) Geologic and Mineral Resources and Mines

i) Recommendation: Consider comments and follow recommendations from the DMME regarding analysis on bedrock and surficial geology. See the DMME comments in Attachment B.

ii) Recommendation: Update mineral resources to include sand and gravel sites, abandoned non-fuel mineral resource sites, abandoned mine sites, and abandoned fuel mineral resources. See the DMME comments in Attachment B.

iii) Recommendation: Evaluate the potential of subsidence of all mineral resource sites, including but not limited to mining pits and shafts. See the DMME comments in Attachment B.

i) Acid-Producing Rock and Soils

i) Recommendation: Evaluate the significant potential for encountering acid- producing minerals such as pyrite in the Andersonville Mining District in Buckingham County. See the DMME comments in Attachment B.

j) Pollution Prevention

i) Recommendation: Include additional information on reuse, recycling, and pollution prevention as identified below by the DEQ Office of Pollution Prevention (see comments in Attachment B).

• Consider the development of an effective Environmental Management System (EMS). An effective EMS will ensure that Atlantic is committed to complying with environmental regulations, reducing risk, minimizing 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 16

environmental impacts, setting environmental goals, and achieving improvements in its environmental performance. DEQ offers EMS development assistance and recognizes facilities with effective Environmental Management Systems through its Virginia Environmental Excellence Program (VEEP). VEEP provides recognition, annual permit fee discounts, and the possibility for alternative compliance methods. • Consider reuse and recycling opportunities when evaluating waste handling, including asphalt recycling, mulching of brush and timber, and water reuse opportunities. • Consider the contractors’ commitment to the environment when choosing contractors. Specifications regarding raw materials and construction practices should be included in contract documents and requests for proposals. • Choose sustainable materials and practices for construction and design, including the use of native species and pollinators when re-establishing vegetation. • Integrate pollution prevention techniques into maintenance and operation. • Encourage supply chain partners to implement pollution prevention, sustainability, and environmental management systems. • Coordinate with the DEQ Office of Pollution Prevention for additional information and technical assistance relating to pollution prevention techniques and EMS.

k) Aviation

i) Recommendation: Coordinate with any private airfield land owner that may be impacted by the proposed project route. See the Virginia Department of Aviation (DOAV) comments in Attachment B for additional information.

l) Water Supplies and Drinking Water Sources

i) Recommendation: Follow recommendations from the Virginia Department of Health (VDH) to protect drinking water sources (groundwater wells, springs, and surface water intakes), conduct a survey of onsite sewage systems and private wells in relation to the pipeline route to determine potential impacts, and coordinate with the VDH Office of Environmental Health Services. See the VDH comments in Attachment B.

ii) Recommendation: Follow DEQ’s recommendations for the water well and spring testing program that include but are not limited to notification of DEQ when a groundwater impact has been reported or suspected and submittal to DEQ of a final georeferenced compilation of well and spring sampling results. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 17

See the DEQ comments in Attachment B for additional recommendations.

iii) Recommendation: Conduct a detailed analysis of potential impacts to Gardner Spring and its recharge area, develop a mitigation plan, and report on the findings. Consider comments from the City of Staunton in Attachment B when developing the mitigation plan.

iv) Recommendation: Consider DEQ’s recommendations in Attachment B as they relate to the use of water supply wells as a depth to water reference in the coastal plain.

m) Shapefiles

i) Recommendation: Provide shapefiles to the DCR Division of Natural Heritage and DGIF as changes occur to the project footprint, including but not limited to, the right-of-way, access roads, and associated infrastructure (including proposed cellular towers). See DCR and DGIF comments in Attachment B.

ii) Recommendation: Submit a shapefile of the Wavyleaf grass location and additional details regarding the population. See DCR comments in Attachment B.

n) Waste Database Search

i) Recommendation: Evaluate the identified waste sites in the DEQ comments in Attachment B that may impact project activity.

o) Plant and Wildlife Surveys and Special Status and State-Sensitive Resources

i) Recommendation: Coordinate with DCR regarding state-sensitive species and submit survey results to DCR for review. See the DCR comments in Attachment B.

ii) Recommendation: Avoid and reduce impacts to rare, threatened and endangered species from water withdrawals and discharge locations through identification of alternatives and implementation of conservation measures. See the DCR comments in Attachment B.

iii) Recommendation: Complete all required and recommended plant and wildlife surveys and biological assessments prior to construction and provide 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 18

DCR with copies of all surveys that DCR requested in Attachment B.

iv) Recommendation: Reduce the temporary construction right-of-way to 75 feet and the permanent right-of-way to 50 feet in known maternity or roost sites as indicated in the Virginia Bat Survey. See DCR comments in Attachment B.

v) Recommendation: Follow DCR’s recommendations regarding Table S-2 of the Virginia List and Species of Greatest Conservation Need with Potential to Occur in the Atlantic Coast Pipeline Project area and respond to requests for additional clarification. See the DCR comments in Attachment B.

vi) Recommendation: Consider DCR’s suggestions regarding the classification of vegetation communities in Appendix Q. See the DCR comments in Attachment B.

vii) Recommendation: Incorporate edits to wildlife survey reports and conduct new surveys as suggested by DCR in its comments in Attachment B.

p) Transportation System

i) Recommendation: Document the existing conditions of affected roadways, pavement conditions, and drainage structures in Virginia and provide the documentation to the Virginia Department of Transportation (VDOT). See VDOT comments in Attachment B.

3) Mitigation Measures for Construction and Maintenance Activities

a) Wetlands and Surface Waters

i) Recommendation: Include temporary wetland impact soil handling requirements as detailed in the DEQ comments in Attachment B. During trench excavation in all wetlands, both saturated or unsaturated, segregate the upper 12 inches of the soil profile as “wetland topsoil” from the underlying subsoil, store the wetland topsoil in a soil stockpile separate from other soil materials, and upon closing the trench, use the wetland topsoil to fill the upper 12-inches of the trench to reconstruct the wetland soil profile. Restore temporarily disturbed wetland areas to pre-existing conditions within 30 days of completing work at each respective temporary impact area, including reestablishing preconstruction elevations and contours with topsoil from the impact area and planting or seeding with appropriate wetland vegetation according to pre-disturbance cover type until the disturbed sites are permanently stabilized. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 19

ii) Recommendation: Apply precautions identified in Chapter 9 of the Draft Construction, Operations and Maintenance Plan to protect sediment TMDL watersheds, public water supply waters, Class V and VI waters, sensitive fisheries, Threatened and Endangered Species Waters, critical habitat, and waters with benthic impairments both on and off U.S. Forest Service lands. See specific proposed precautions listed in the DEQ comments in Attachment B.

iii) Recommendation: Include final wetland mitigation plans for all proposed temporary and permanent tidal wetland impacts in the final EIS for consideration by the Virginia Marine Resources Commission (VMRC). See the VMRC comments in Attachment B.

iv) Recommendation: Implement measures identified in the Invasive Plant Species Management Plan to minimize the potential introduction of the invasive comment reed, Phragmites australis, for all wetland crossing sites except for site wChr002. See the VMRC comments in Attachment B.

b) Hydrostatic Testing

i) Recommendation: Implement BMPs to ensure that hydrostatic tests do not impact natural heritage resources. See DCR comments in Attachment B.

c) Stream Crossings

i) Recommendation: Incorporate the following VMRC recommendations, which are standard instream permit conditions, for jurisdictional stream crossings as set forth in the VMRC comments in Attachment B:

• A "frac-out" contingency plan must be provided for any crossings utilizing the directional drill method to address potential frac-outs or related spills associated with any directional drilling activities. In an effort to minimize adverse impacts to threatened and endangered fish and mussel species, instream surveys and species relocations may be required. • No instream construction shall be conducted during any recommended time-of-year restrictions of any year unless waived by DGIF in writing. • The instream construction activities shall be accomplished during low flow periods utilizing dam and pump, flume around, or within cofferdams constructed of nonerodible materials in such a manner that no more than half the width of the waterway is obstructed at any point in time. All areas of state-owned bottom and adjacent lands disturbed by this activity shall 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 20

be restored to their original contours and natural conditions within thirty (30) days from the date of completion of the authorized work. All excess materials shall be removed to an upland site and contained in such a manner to prevent its reentry into state waters. • Erosion and sediment control measures shall be in conformance with the 1992 Third Edition of the Virginia Erosion and Sediment Control Handbook and shall be employed throughout construction. • If it is determined that blasting is necessary at any of the crossings, DGIF shall be notified a minimum of 48 hours in advance of the blasting. • DCR shall be contacted for any stream crossings where karst landscape features are encountered during installation. • DGIF shall be contacted for any work in trout waters to avoid conflicts with trout stocking activities.

ii) Recommendation: Include a table citing DGIF’s recommendations at each VMRC non-tidal jurisdictional stream crossing and a statement from Atlantic that the applicant intends to follow the recommendations. See the VMRC comments in Attachment B.

iii) Recommendation: Follow recommendations from DEQ provided in Attachment B for specific milepost crossings of the Jackson River, Calfpasture River, South River, James River, Appomattox River, Flat Creek, Nottoway River and tributaries, Meherrin River, Blackwater River, Western Branch Nansemond River, Nansemond River and Southern Branch Elizabeth River.

iv) Recommendation: Take all efforts to minimally contact the benthos (railcar flatbeds, bottomless culverts, etc.), place spoil a minimum of 10 feet away from the water’s edge or in areas with sediment barriers, and locate additional temporary workspace at least 100 feet away from the water’s edge in sediment TMDL watersheds, public water supply waters, Class V and VI waters, sensitive fisheries, threatened and endangered species waters, critical habitat, and waters with benthic impairments. See the DEQ comments in Attachment B for additional details.

v) Recommendation: Nighttime work on stream crossings should be minimized so that proper inspection, spills, and water quality issues can be resolved promptly. See the DEQ comments in Attachment B. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 21

d) Forest Resources

i) Recommendation: Incorporate the following recommendations to mitigate the impacts of forest fragmentation on biodiversity provided in the DOF comments in Attachment B:

• Keep right-of-way clearing to the minimum width necessary to prevent interference from trees and other vegetation. • Establish herbaceous species and shrubs or some low-growing trees that are considered desirable ground cover and valuable wildlife habitat along the right-of-way in the project’s vegetation management and revegetation plan. • Maintain a scrub habitat, dominated by low growing, bushy vegetation and young trees, which is preferable to mowing in forest habitats. It can provide quality habitat for wildlife species that are dependent on early successional habitat (birds, reptiles, and amphibians).

ii) Recommendation: Incorporate the following best management activities to protect forest resources provided in the DOF comments in Attachment B:

• Restore contours to pre-construction conditions and control erosion until re-vegetation stabilizes the disturbed areas. • Restore vegetation to native species and protect the natural functions of the pre-construction ecosystem. • Use machinery where feasible that when combined (example: earth mover and cart) weigh less than 10 tons per axle. Research has shown that this will help alleviate compaction to the top 6-8 inches of soil where it can be more easily addressed. Combination vehicles weighing more than 10 tons can create compaction as deep as 3 feet which is very difficult to mitigate. • Minimize traffic lanes for transporting cleared timber from the site. • Follow Forestry BMPs for water quality as outlined by DOF’s Voluntary BMP Guidelines publication for all harvesting operations. • Stock pile soil away from trees that are to remain standing. Piling soil at a tree stem can kill the root system of the tree. Soil stockpiles should be covered, as well, to prevent soil erosion and fugitive dust. • Retain existing groupings and/or clusters of trees and natural vegetation on the sites of the support facilities, where feasible, to provide aesthetic and environmental benefits, as well as reducing future open space maintenance costs. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 22

e) Wildlife Resources

i) Recommendation: Adhere to all of DGIF’s time-of-year restrictions that are detailed in the DGIF comments and attachments in Attachment B.

f) Government-Funded Best Management Practices

i) Recommendation: Ensure that any impacted BMPs along the route (see map and the DCR comments in Attachment B) are reinstalled or relocated, and reestablish ground cover vegetation. Examples include livestock fences and stream crossings re-erected, watering systems relocated, cover crops reimbursed to the farmers, and disturbed areas re-vegetated.

ii) Recommendation: For segments of the ACP that cross TMDL Implementation Planning (IP) watersheds, where implementation has already occurred, incorporate a requirement that ACP, LLC replace BMPs such as livestock exclusion and riparian buffers if they need to be destroyed or allocate funds to replace the BMPs nearby (see the DEQ comments in Attachment B for details). This recommendation includes, but may not be limited to, the following IP watersheds:

• One watershed of the Chowan River Watershed (Beaver Pond Creek watershed) IP • Three watersheds of the Flat, Nibbs, Deep, and West Creeks (Flat Creek, West Creek, and Deep Creek) IP • Three watersheds of the Middle River Watershed (Upper Middle River, Lower Middle River, and Moffett Creek) IP • Two watersheds of the Rockfish River Watershed (South Fork Rockfish River and Lower Rockfish River) IP • Three watersheds of the Slate River and Rock Island Creek TMDL (North River, Lower Slate River, Upper Slate River watershed) IP • Two watersheds of the South River Watershed and Christians Creek (Christians Creek and Lower South River) IP • One watershed of the Spring Creek, Briery Creek, Bush River, Little Sandy River and Saylers Creek (Saylers Creek) IP • One watershed of the Tye River, Hat Creek, Rucker Run and Piney River (Rucker Run) IP • One watershed of the Willis River Watershed (Willis River) IP

iii) Recommendation: Coordinate with the DCR Division of Planning and Recreational Resources and Nottoway County regarding potential impacts to 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 23

Nottoway Lake, which was acquired pursuant to the Land and Water Conservation Fund Act. See DCR comments in Attachment B.

iv) Recommendation: Continue to coordinate with DGIF to resolve issues related to the crossing of the James River Wildlife Management Area, a public resource that was purchased with federal grant funds from FWS. If the project interferes even temporarily with the use of the land for the purposes established pursuant to the federal grant, DGIF’s current and future funding from these grants may be in jeopardy.

g) Open Burning and Fugitive Dust

i) Recommendation: Include requirements that open burning will be allowed only in accordance with 9 VAC 20-81-95 of the Virginia Solid Waste Management Regulations (VSWMR), and localities should be consulted since they may have additional open burning restrictions. See the DEQ comments in Attachment B.

ii) Recommendation: Include requirements that construction activities are subject to the Air Pollution Control Regulations regarding open burning (9 VAC 5-130 et seq.) and fugitive dust (9 VAC 5-50-60 et seq.) and that the project would be subject to any applicable existing source regulations related to the cities of Suffolk and Chesapeake, which are part of a volatile organic compound (VOC) and nitrogen oxide (NOx) emissions control area. See the DEQ comments in Attachment B.

h) Aviation

i) Recommendation: Submit Form 7460-1 to the Federal Aviation Administration for any portion of the project that is proposed to be constructed within 20,000 linear feet of a public-use or military airport to determine if the project constitutes a hazard to air navigation. See the DOAV comments in Attachment B.

i) Water Supplies

i) Recommendation: Implement heightened erosion and sediment control practices for segments of the pipeline that cross public water supplies. See the DEQ comments in Attachment B for specific location information.

ii) Recommendation: Closely monitor construction activities in Augusta County where the pipeline’s route passes karst areas in proximity to several significant springs and municipal water supply wells, including Gardner Spring 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 24

– City of Staunton, Town of Churchville Wells – Augusta County Service Authority, Lyndhurst Augusta County Service Authority. See the DEQ comments in Attachment B. Consider concerns raised by the City of Staunton in its comments within Attachment B when monitoring construction activities in the Gardner Spring recharge area.

j) Polychlorinated Biphenyl (PCB) Contamination

i) Recommendation: Ensure that either hydroseeding and mulch tackifiers are not used within 100 feet of a waterbody classified as having a PCB TMDL, or ensure that the tackifier is tested for PCB content prior to application for segments of the pipeline that cross PCB TMDL regions, including Lewis Creek headwaters in the Shenandoah River PCB TMDL area, middle James River near Buckingham, Meherrin River near Emporia, Nansemond River near Suffolk, and the Elizabeth River in Chesapeake. See the DEQ comments in Attachment B.

k) Flood Hazard Area

i) Recommendation: Follow DCR’s recommendations regarding potential impacts to special flood hazard areas, and coordinate with the locality if the floodplain will be modified. See the DCR comments in Attachment B.

l) Conservation Sites

i) Recommendation: Continue coordination with DCR regarding the Handsom- Gum Powerline, Branchville Powerline, and Emporia Powerline Bog Conservation Sites. See the DCR comments in Attachment B.

m) Transportation System

i) Recommendation: Monitor and report conditions throughout construction and for a period of two years following construction completion and restore roadway features to preconstruction conditions or better. See the VDOT comments in Attachment B.

4) Recommendations for Specific Plans

a) Spill Prevention Controls and Countermeasures (SPCC)

i) Recommendation: Update appropriate plans to include the results of dye tracing investigations performed in karst areas in the event that contaminants enter a karst feature, and incorporate DCR’s recommendations for monitoring 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 25

high risk springs and other karst features. See the DCR comments in Attachment B.

ii) Recommendation: Update the SPCC with correct information, including replacing existing contact information with the Virginia Department of Emergency Management 24-hour notification number. As stated in DEQ’s comments in Attachment B, provide clarifications that include, but are not limited to, the statutory requirement that notifications of an oil spill are to occur immediately upon learning of the discharge.

b) Migratory Bird Conservation Plan

i) Recommendation: Update the Migratory Bird Conservation Plan to include the recommendations from DGIF (as stated in the comments in Attachment B) that include, but are not limited to, the following:

• Adhere to time-of-year restrictions from March 15 through August 31 of any year for tree removal and ground clearing activities to protect nesting migratory birds. • Provide DGIF a map for review of the great blue heron colony documented from Suffolk (ROOK-ACT-02) and any other colonies located within a quarter mile of the project areas. • Follow DGIF’s recommendations included in its February 7, 2017 letter to Atlantic, which is included in Attachment B.

c) Invasive Plant Species Management Plan

i) Recommendation: Update the Invasive Plant Species Management Plan with the following mitigation recommendations from state agencies (see the DOF comments in Attachment B for additional information):

• Consider the likely response of invasive species or target species when prescribing activities that result in soil disturbance or increased sunlight. • During construction and follow-on maintenance activities, take steps to guard against construction vehicles inadvertently bringing into forest interiors invasive and/or non-native plant species from other locations. Weed seed and fungal spores can be transported in the mud or dirt on vehicles. Prior to moving equipment onto and off of an activity area, scrape or brush soil and debris from exterior surfaces, to the extent practical, to minimize the movement of invasive plants, pests, and diseases to non-infested areas. Another option is to wash vehicles before they enter a weed-free area or when they leave an infested area. The 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 26

emphasis of the cleaning should be in the wheels, wheel wells, bumpers, and undercarriage of the vehicle where most mud and dirt collects. • If seeding or planting is necessary to minimize the threat of highly damaging invasive species from spreading, use native seed or non- invasive cover plants for revegetation.

ii) Recommendation: Update the Invasive Plant Species Management Plan with the information and recommendations provided to Atlantic in DGIF’s February 7, 2017, which is included in Attachment B.

d) Plans for the Management of Waste and Contaminated Soil, Sediment and Groundwater

i) Recommendation: Include a Waste and Debris Management Plan. The plan should address how all excess material and debris will be managed in accordance with all applicable federal, state, and local laws and regulations. See the DEQ comments in Attachment B.

e) Plan for Discovery of Unanticipated Paleontological Resources

i) Recommendation: Update the Plan for Discovery of Unanticipated Paleontological Resources to consider the potential for encountering Tertiary or Quaternary vertebrate and plant fossils in unconsolidated (non-bedrock) deposits west of the Blue Ridge in Virginia. See the DMME comments in Attachment B.

f) Blasting Plan

i) Recommendation: Update the blasting plan to reflect notification of DGIF prior to blasting. See the DGIF and VMRC comments in Attachment B.

g) Karst Terrain Assessment Construction, Monitoring and Mitigation Plan

i) Recommendation: Update the plan with DCR’s recommendations to address the impacts of mitigation if there were to be an accidental discharge to karst waters and continue to coordinate with interested state agencies. See the DCR comments in Attachment B.

h) Karst Survey Report

i) Recommendation: Conduct karst hydrological delineations of the area in the report in order to identify karst waters at risk if a release or discharge were to occur from activities associated with pipeline construction. See the DCR 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 27

comments in Attachment B.

ii) Recommendation: Provide technical clarification to the report as requested by DCR. See the DCR comments in Attachment B.

i) Traffic and Transportation Management Plan

i) Recommendation: Incorporate recommendations from VDOT on appropriate requirements, entrances and crossings, pipeline installation, plans, permits and coordination. Consider district-specific comments when updating the plan. See the VDOT comments in Attachment B.

j) Wetland and Waterbody Construction and Mitigation Procedures

i) Recommendation: Ensure that the wetland mitigation plan meets DEQ’s regulatory requirement of compensation for permanent conversion impacts to wetlands. See the DEQ comments in Attachment B.

ii) Recommendation: Ensure that project-specific procedures specify how the upstream and downstream dams should be removed in both the open cut and dry ditch methods, and address how dam removal will limit sediment introduction to waterways and limit scour when flow is restored. See the DEQ comments in Attachment B.

k) Restoration and Rehabilitation Plan

i) Recommendation: Update the plan to include monitoring of water quality and riparian habitat. See the DEQ comments in Attachment B.

ii) Recommendation: Consider DCR’s recommendations regarding seed mixes (general and specific milepost comments), soil compaction, topsoil stockpiles, maintenance methods, and requests for detailed plans for monitoring of restoration success. See the DCR comments in Attachment B.

iii) Recommendation: Incorporate the West Virginia Department of Forestry’s recommended mitigation measures into the plan and apply the measures to Virginia. Follow Virginia DOF measures where appropriate. See the DOF comments in Attachment B.

l) Site-Specific Horizontal Directional Drill Plans

i) Recommendation: Follow DEQ’s recommendations for the HDD plan and profile at Reeds Gap that include but are not limited to the development of a 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

FERC ACP DEIS DEQ 16-248F Attachment A Page 28

contingency plan to protect groundwater resources. See the DEQ comments in Attachment B for specific recommendations.

m) Timber Removal Plan

i) Recommendation: Add a requirement that all slash, chips, and debris be managed in accordance with all applicable federal, state, and local laws and regulations, and consider the DEQ recommendation regarding training. See the DEQ comments in Attachment B.

n) Contaminated Media Plan

i) Recommendation: Follow DEQ’s recommendations for testing of contaminated media and contamination that is found to be a health or safety hazard. See the DEQ comments in Attachment B.

o) Protected Snake Conservation Plan

i) Recommendation: Consider DCR’s recommendations regarding the Protected Snake Conservation Plan. See the DCR comments in Attachment B.

p) Non-Native Invasive Plant Species Management Plan within the Draft Construction, Operations and Maintenance Plans

i) Recommendation: Follow DCR’s suggestions on the Non-Native Invasive Plant Species Management Plan. See the DCR comments in Attachment B.

5) Errors and Clarification Needs in the DEIS

a) Recommendation: Include in the FEIS corrected information and requested clarifications as identified by DGIF, DCR, DEQ, and DMME in Attachment B.

20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

lk.. ^-31 o^y' COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Molly Joseph Ward Mailing address: P.O.P.O. Box 1105, Richmond, Virginia 23218 David K. Paylor Secretary of Natural Resources www.deq.virginia.govwww. deq. virginia. gov Director (804) 698-4000 1-800-592-54821-800-592-5482

ATTACHMENT B:B: B: DETAILED DETAILEDDETAILED COMMENTS COMMENTS FROM FROM FROM REVIEWERS REVIEWERSREVIEWERS

DetailedDetailed commentscomments submitted submitted by by reviewers reviewers are are included included inin this in attachment.this attachment. When When applicable, the the comments comments were were included included in previous in previous sections sections of this of response. this response. As stated As stated previously, the the Commonwealth Commonwealth recommends recommends that that FERCFERC FERC consider consider every every comment, comment, correction, or or recommendation recommendation detailed detailed in Attachment in Attachment B that B FERCFERCthat FERC did not did already not already address duringduring the the consideration consideration of Attachmentof Attachment A. To A. the To extent the extent practicable, practicable, the the Commonwealth recommends recommends that that the the U.S.U. S.U.S. Forest Forest Service Service also also consider consider these these recommendationsrecommendations to to the the degree degree that that they they relate relate to decisions to decisions underunder under itsits jurisdiction. its jurisdiction. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Impacts of the proposedproposed AtlanticAtlantic Coast Pipeline

on Virginia's ForestsForests andand MitigationMitigation RecommendationsRecommendations

February 16, 2017

Loss ofof interiorinterior forestsforests is specificallyspecifically addressed addressed in SectionSection 4.4.5.65. 6 HabitatHabitat Fragmentation and EdgeEdge

Effects,Effects/ wherewhere significantsignificant adverseadverse impactsimpacts areare acknowledged toto forested cores cores in in excessexcess of 35

acres inin size. TheThe Draft Draft Environmental Environmental ImpactImpact Statement Statement (DEIS) (DEIS) focuses on the specificspecific

potential impacts of fragmentationfragmentation due to edge effects and references actions that maymay be

carried out to minimizeminimize or reduce those edgeedge effects; effects; collocating collocating with existing forest-

fragmenting corridors, restrictive timingtiming ofof disturbancesdisturbances toto decreasedecrease impact toto habitats and

planting shrubsshrubs alongalong the the newnew forest forest edgeedge inin an an attempt attempt toto soften/decreasesoften/decrease the degree of edge

disturbance. WhileWhile these activitiesactivities may reduce some local edgeedge effects,effects, theythey areare not presented

as mitigation for landscape level fragmentationfragmentation effects due to lossloss of interior forest conditions

in existing forestforest cores.cores. RepeatedRepeated fragmentationfragmentation ofof the the landscape landscape results results in in progressively progressively smallsmall

cores with concomitant diminished diminished values vaiues andand functions. functions. TheThe FERC FERC recommendsrecommends the

development ofof a a fragmentationfragmentation analysis analysis for for the the entirety entirety of of the the Atlantic Atlantic Coast Coast Pipeline Pipeline (ACP) (ACP)

project, pointingpointing to thethe use use of of the the Virginia Virginia DepartmentDepartment of of Conservation Conservation andand Recreation's Recreation's (DCR) (DCR)

Virginia Natural Landscape (VaNLA)(VaNLA) for for the the VirginiaVirginia portionportion of the ACPACP project. SeeSee DEIS DEIS atat page

4-165, a. ii. The Commonwealth's naturalnatural resourceresource agencies, agencies, including including DCR, OCR, thethe Department of

Forestry (DOF), and and thethe Department ofof Game Game and and Inland Inland Fisheries Fisheries (DGIF), (DGIF), concurconcur with this

recommendation, andand produced produced the the following following analysisanalysis of direct and indirectindirect impacts to uplandupland

forests asas wellwell as initialinitial long-term and landscape-level mitigation recommendationsrecommendations toto address

those impacts impacts to to interiorinterior forests forests in in the the ACP ACP projectproject area.

Background andand Need

To thethe extent that direct direct and and indirect indirect impacts impacts to to upland upland forests forests from from the the ACP ACP cannot be

avoided, they should be mitigated.mitigated. ForestsForests are are ecologically ecologically andand economicallyeconomically beneficial toto thethe

Commonwealth, and approximately 16,16,000000 acresacres perper yearyear havehave beenbeen lost in thethe period between

2000 and 2010. ThisThis represents anan area area about about equal equal in in size size to to the the city city of of Charlottesville, Charlottesville,

Virginia. The current alternativealternative forfor the the Virginia Virginia segmentsegment of of the the ACP ACP (Rev(Rev lla,11a, as of December 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

2016) intersects some ofof thethe largest blocks ofof unfragmentedunfragmented forest in Virginia. ThisThis analysis analysis of fragmentation impactsimpacts was was conducted conducted justjust prior prior to to the the release release of of Rev Rev 11a, lla, andand thus thus uses uses

Rev10a.RevlOa.

Conserving forestforest covercover andand improving improving forestforest productivityproductivity is criticalcritical forfor maintainingmaintaining functioning functioning forest ecosystemsecosystems andand thethe Commonwealth'sCommonwealth's robust forest industry.industry. Virginia'sVirginia's forestsforests provideprovide aa rangerange of important benefitsbenefits including forest forest products, recreationalrecreational opportunities,opportunities, wildlifewildlife habitat, aesthetic aesthetic values, andand protectionsprotections forfor airair andand waterwater quality.quality. ForestsForests contributecontribute the lowestlowest nutrientnutrient and and sediment sediment loadings loadings toto Virginia's Virginia's waterways waterways ofof any any type ofof land land cover.cover. InIn addition, forestsforests are the best land covercover forfor interceptingintercepting precipitation required for the the recharge recharge ofofgroundwater groundwater aquifers. aquifers. Forests Forests also also sequester sequester carbon carbon dioxide dioxide and and produce produce oxygen. oxygen. Large Large scale forestforest conversion activities, such such asas those imposed byby a pipeline and and associated associated infrastructure,infrastructure, reducereduce the the area area and and abilityability of of forests forests to to provide provide these these services, services/ viavia lossloss of forests inin the projectproject footprintfootprint and and fragmentation fragmentation ofof intact intact forest forest expanses. expanses. ForFor the the purposes purposes of this document and the analysis describeddescribed herein, herein, the the project project footprintfootprint is defineddefined as thethe limitlimit of direct disturbance during pipeline construction.

FragmentationFragmentation

Unfragmented, largelarge patches ofof forestforest contribute greatergreater ecological ecological benefits than the samesame total area area of of forest forest distributed distributed among among smaller smaller patches. patches. LargerLarger forestedforested patchespatches exhibit increasedincreased resource availability to to support aa greater richness richness (i.(i.e.e. number) of plant and animal species populationspopulations and ofof greatergreater geneticgenetic diversitydiversity than those in smaller patches. InIn general, biodiversity approximately doubles with every tenfold increase increase in habitat area. SpeciesSpecies populations andand natural communities inin largerlarger forested corescores are more resilient to variousvarious landscape-levellandscape-level disturbancesdisturbances (Didham(Didham 2010). 2010). When forest cover is fragmented,fragmented, biodiversity and habitat value value forfor forest forest interior interior species species diminishes. diminishes. Large Large patches patches alsoalso insulate species fromfrom "edge effects" that adversely adversely affect theirtheir ability toto survive survive andand reproduce. ForFor example, example, forest-forest- dwelling migratorymigratory songbird songbird populations populations in in large large forest forest blocks blocks experience experience lessless brood parasitism, nest-cavity competition, and and nest predation than those in fragmented forests with more more edge edge habitat. Fragmentation Fragmentation also also impacts impacts the forest's ability to preventprevent erosion, erosion, retainretain soil, soil, harbor pollinators that areare importantimportant forfor agricultural agricultural lands,lands, removeremove carboncarbon from the airair andand store it 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

within trees, trees,trees, slow slowslow and and and absorb absorb absorb runoffrunoffso runoff so groundwatersogroundwater groundwater is is recharged, recharged, is recharged, absorbabsorb absorb solarsolar energy solar energy keeping keeping

locallocal areasareas cooler,cooler, cooler, andand and provideprovide provide protectionprotection protection from from stormstorm storm andand floodfloodand flood damage.damage. damage. ForFor these these For thesereasons,reasons, reasons,

the Commonwealth'sCommonwealth's naturalnatural natural resourceresource resource agenciesagencies agencies have have lookedlooked looked beyondbeyond beyond thethe currentlycurrently the currently forestedforested forested

areas ofofof the thethe ACP ACP project project project footprint footprint footprint (i.e.(i. e. (i.e. direct direct forest forest losses)losses) losses) toto measure to measure thethe indirectindirect the indirect impacts impacts ofof of

forest fragmentationfragmentationfragmentation soso so that that that mitigation mitigation mitigation can can can also also also address address address significantsignificant significant indirectindirect indirect losses losses lossesand thus and thethe thus the

full ACPACPACP forest forestforest impact. impact.

Identifying Direct Direct and and Indirect IndirectIndirect Impacts ImpactsImpacts

Direct impactsimpactsimpacts are are defined defined as as "those "those impacts impacts caused caused byby thethe by proposedproposed the proposed actionaction action thatthat occur that atoccur thethe at the

same timetimetime and and place" place" and and indirect indirect impacts impacts are are"caused "caused oror induced or induced by thethe by actionaction the action but occur but later occur later

inin timetime ororor are areare removed removedremoved in in in distance" distance" distance" (DEQ, (DEQ, (DEQ, 2013). 2013). 2013). Therefore,Therefore, Therefore, this this thisanalysis analysis analysis assesses assesses assesses notnot only not thethe only the

footprint ofof of the the the pipeline pipeline pipeline routeroute route thatthat that would would would bebe converted convertedbe converted from fromforest forest to non-forestnon-forest to non-forest (direct (direct

impact),impact), but but alsoalso also the the extent extent to to whichwhich which the the the functionsfunctions functions and and andvalues values values of the of remaining the remaining forest areforest are

diminished duedue due toto to fragmentationfragmentation fragmentation (indirect(indirect (indirect impact). impact). impact). Within Within the forest the forest context: context:

•. DirectDirect impactsimpacts consist ofof of lossloss loss of of offorest forest forest covercover cover within within within thethe projecttheproject project footprint,footprint, footprint, and the and the

associated losses losses ofof of forest-dwellingforest-dwelling forest-dwelling speciesspecies species habitat; habitat; ecosystemecosystem ecosystem servicesservices services

pertaining to to filtrationfiltration filtration and and and recharge recharge recharge ofofgroundwater groundwater of groundwater andand clean andclean clean air;air; economiceconomic air; economic

losseslosses ofof of forestforest forest products; products; and and lossloss loss ofof forestforest of forest areaarea area forfor recreationalrecreational for recreational uses. uses.In our In our

approach, direct direct impact impact forest forest lossloss loss was was quantified quantified andand andaddressed addressed anywhereanywhere anywhere thatthat that

the proposedproposed route route intersectedintersected intersected aa forest a forest patchpatch patch with with moremore more thanthan than 1010 acres acres 10 acres of of

interiorinterior (defined (defined(defined below).below). below).

•. IndirectIndirect impacts impacts includeinclude significant significant alteration alteration of theof the conditions conditions in thethe in forest the forest

surrounding the the directly directly impactedimpacted impacted areaarea area and and the theseparation separation of previously of previously unified unified

patches of of habitat. habitat. InIn In our our our approach, approach, approach, indirect indirect indirect impacts impacts impacts were were were only only onlyassessed assessed assessed where where

the projectproject footprintfootprint footprint would would would traverse traverse traverse patches patches patches ofof forest forest of forest habitathabitat habitat containingcontaining containing atat leastleast at least

100100 acres of ofof intact,intact, intact, interiorinterior interior forest. forest. InteriorInterior Interior is is defined definedis defined as as thethe as area areathe areaof a forest of a forest

patch minusminus thethe the 100-meter 100-meter transitiontransition transition zone zone aroundaround around itsits perimeterperimeter its perimeter withinwithin within which which

edge effectseffects diminish diminish forestforest forest values. values. This This 100-acre 100-acre interiorinterior interior forest forest area criterionarea criterion isis is

also thethe basisbasis forfor for thethe the designation designation of aaof forest a forest corecore core inin thethe in VaNLA,VaNLA,the VaNLA, which which we used we totoused to 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

quantify impacts impacts impacts to to to forests forests forests (discussed (discussed (discussed later). later). Indirect IndirectIndirect impacts impacts impacts were werenot were assessed not not assessed assessed

inin thethe smaller smallersmaller non-core non-corenon-core forest forestforest blocks blocks blocks because because because these thesethese areas areasareas were were assumed assumed to be toto be

already fragmented.fragmented. Accounting AccountingAccounting for for indirect indirect indirect impacts impacts impacts is also is is thealso also practice the practice of the ofof thethe

USFWS when whenwhen accounting accounting accounting forfor for impacts impacts impacts of of pipelineof pipelinepipeline projects projectsprojects on migratory onon migratorymigratory bird bird

habitat tototo account account account for for for fragmentation fragmentation fragmentation impacts impacts impacts on the on on surroundingthe the surrounding surrounding forest forest(Gosseforest (Gosse (Gosse

2016).

Failing toto to account account for forfor indirect indirect impacts impacts impacts of the of the ACP ACP ACP to forests toto forestsforests would wouldwould gravely gravely underestimate underestimateunderestimate the thethe extent to to which whichwhich the the project project would wouldwould affect affectaffect Virginia's Virginia's Virginia's forest forest habitat. habitat. Long LonglinearLong lineardisturbances linear disturbances disturbances (e.g. (e.g.(e. g.

pipelines) have have the thethe potential potential to toribbon ribbonribbon through through through the forestedthe the forested forested landscape landscape landscape creating creating creating extensive extensive extensive and and

degrading edge edge effects effectseffects in in inwhat whatwhat was waswas previously previouslypreviously interior interiorinterior forest forestforest habitat. habitat. The U.S. TheThe Environmental U.S. U. S. Environmental

Protection Agency's Agency'sAgency's Office Office of ofofSustainableSustainable Sustainable Communities Communities released released a report, aa report,report, "Our Built "Our and Built and

Natural Environments: Environments:Environments: A AATechnical Technical Review Review of the ofof thetheInteractions Interactions Among AmongAmong Land LandUse,Land Transportation Use, TransportationTransportation and Environmental Environmental Quality" Quality"1Quality"1 (USEPA (USEPA 2013), 2013),2013), noting noting that that that impacts'caused impactsimpacts'caused caused by byfragmentationbyfragmentation fragmentation extend farfar into into the the interior interior of ofthe the remaining remaining forest. forest. The ThereportThe report report cites citesa cites study a a studyof the offragmenting the fragmenting

impactimpact of of a a Massachusetts Massachusetts suburban suburbansuburban highway highwayhighway that that that found foundfound that thatwhilethat while the road-effect the road-effectroad-effect zone tends zonezone tends

to be bebe asymmetric asymmetricasymmetric and and and variable, variable, in ingeneral general it extended it extended more more than than 328 328 328feet feet (100 (100(100meters) meters) and and

some effectseffects occurred occurredoccurred more moremore than thanthan 0.62 0.0.6262 miles milesmiles (1 kilometer)(1(1 kilometer)kilometer) from fromfrom the road. the road.

IndirectIndirect impactsimpacts impacts significantly significantlysignificantly degrade degrade degrade forest forest forest ecosystems, ecosystems, ecosystems, as is asasevidenced isis evidenced in a very in alarge veryvery body largelarge of body body ofof peer reviewed reviewed research. research. Haddad HaddadHaddad et etal et al(2015), al (2015), (2015), synthesized synthesized fragmentation fragmentationfragmentation experiments experiments

spanning multiple multiple habitats habitatshabitats and and and scales, scales, scales, five fivefive continents, continents, and 35and years, 35 years, concluding concludingconcluding that habitat thatthat habitat

fragmentation reduces reducesreduces biodiversity biodiversity biodiversity by byas by muchas as much much as 75% as as 75% 75% and impairsand impairs key ecosystem key ecosystem functions functionsfunctions by by

decreasing biomass biomass biomass and andand altering altering altering nutrient nutrientnutrient cycles. cycles. Across Across the experiments thethe experiments surveyed, surveyed, effects effects were were

greatest in in the the smallest smallest and and most most isolated isolated fragments, fragments, and andincreased increased over time.over time.time.

The VirginiaVirginia Natural Natural Natural Landscape Landscape Landscape Assessment Assessment Assessment (VaNLA) (VaNLA)(VaNLA)

We calculated calculated impacts impacts of ofdirect direct direct and and and indirect indirect indirect forest forest forest loss loss usingloss using using the VaNLA thethe VaNLA VaNLA (Bulluck (Bulluck(Bulluck et al. 2007), et al. 2007),

which identifies, identifies, classifies, classifies, and andand ranks ranksranks all all existingall existing existing "ecological "ecological "ecological cores" cores" cores" (n00-interior-acre (^100-interior-acre (n00-interior-acre forest forest

patches) and and smaller smallersmaller non-core non-corenon-core (10-99-interior-acre) (10-99-interior-acre) habitat habitat fragments fragmentsfragments in Virginia in in Virginia Virginia based based basedon on

1 The impactimpact of the the long, linearlinear footprintfootprint of of roads roads is is analogous toto thatthat of pipelines and isis therefore therefore relevant toto this case. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

several key indicators of ecological functionsfunctions ofof forests.forests. The VaNLA was designed toto facilitate

conservation of significant forests forests thatthat protect biodiversity biodiversity and and provide provide essential essential ecosystem ecosystem

services, andand has beenbeen used by variousvarious VirginiaVirginia statestate agencies, locallocal governments,governments, federalfederal

agencies,agencies. Planning DistrictDistrict Commissions,Commissions, universitiesuniversities andand conservationconservation non-profitnon-profit organizations

for landland and species conservationconservation asaswell well asas local local and and regional regional planning. planning. Moreover,Moreover, the VaNLA VaNLA

has received repeated recognitionrecognition outsideoutside the Virginia Virginia borderborder as as an exemplaryexemplary landscapelandscape level

assessment ofof ecological integrityintegrity of forests.

The VaNLA methodology builds on pioneering work done done by by the the Chesapeake Chesapeake Bay Bay Program's Program's

Resource LandsAssessment, Assessment, Maryland's Maryland's GreenGreen InfrastructureInfrastructure Assessment, andand thethe Delmarva

Conservation Corridor Initiative,Initiative, and is acceptedaccepted byby thethe scientificscientific community. community. ThisThis approach approach isis

based upon thousands of scientific studiesstudies onon thethe effectseffects of fragmentationfragmentation on on species species

populations, natural communities and and ecosystem ecosystem function and services (Didham(Didham 2010).2010).

In short, the VaNLAVaNLA consists of of a a statewide statewide spatialspatial datasetdataset ofof allall remainingremaining intactintact forestforest habitat

or "ecological cores"cores" withwith atat leastleast 100100 acres ofof interiorinterior (Bulluck etet al.al. 2007).2007). TheseThese cores cores are

attributed withwith over over 50 50 variables variables pertainingpertaining to aa varietyvariety ofof environmentalenvironmental andand naturalnatural resourceresource

values, and statistically analyzed to assesstheir their ecologicalecological valuevalue relativerelative toto the surrounding

landscapelandscape based on key variables including core size andand isolation;isolation; topographictopographic variability;

depth of interior; interior; length length of of interior interior streams; streams; wetland wetland habitats; habitats; rare rare species species habitats; habitats; presence presence

of exemplary naturalnatural communities;communities; andand availabilityavailability of habitathabitat forfor Species Species of Greatest

Conservation Need (SGCN),(SGCN)/ identifiedidentified in the Virginia State Wildlife ActionAction Plan.Plan. ThisThis results results in

an ecological integrityintegrity scorescore forfor eacheach core,core, rangingrangingfrom from 1-Outstandingto1-Outstanding to 5-General 5-General

Significance.

In general, larger, larger, more more biologically biologically diverse diverse cores cores are are assigned assigned higher higher ecologicalecological integrity integrity scores. scores.

Scores areare alsoalso higherhigher ifif the the corecore oror habitathabitat fragmentfragment is part of a larger complex of natural

lands,lands, when itit isis known to provide significantsignificant species habitat,habitat, and/or when cores,cores, viavia extensive

inclusioninclusion ofof forestedforested streamsstreams andand wetlands,wetlands, contributecontribute toto waterwater quality enhancement. The

VaNLA, as aa statewidestatewide assessment ofof all remaining forestedforested cores cores basedbased uponupon thesethese keykey

indicatorsindicators of ecological values, isis mostmost appropriateappropriate and the best availableavailable statewidestatewide datasetdatasetfor for

addressing the impacts of landscape level impacts to forest values in Virginia. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

MethodologyMethodoloev to to to Assess Assess Assess Direct Direct and andand Indirect Indirect Impacts Impacts

The followingfollowing summarizes summarizessummarizes how how how wewe we analyzed analyzed analyzed thethe the VaNLA VaNLA VaNLA forested forested cores cores cores intersected intersected by by the the by ACP ACP the ACP Rev lOa10a alignment,alignment, access access roads,roads, roads, pipeyards/laydownpipeyards/laydown pipeyards/laydown yards, yards, and and staging staging areas areas werewere wereanalyzed analyzed toto to

calculate acres acres ofof of directdirect direct andand and indirectindirect indirect impacts impacts toto forests. to forests.

DirectDirect impactimpact acresacres were calculatedcalculated simply simply as as thethe the forestedforested forested areasareas areas of of the the of construction theconstruction construction footprint footprint footprint of the the pipeline pipeline alignment alignmentalignment and and and associated associated associated disturbances disturbances disturbances toto forests, forests, to forests, using using usingthethe VaNLA. VaNLA. the VaNLA.

IndirectIndirect impactimpact acresacres (i.e.(i. e. diminished integrity integrity causedcaused caused by byfragmentation)fragmentation) fragmentation) were were calculated calculated

through an anan in-depth in-depthin-depth spatial spatial spatial analysis analysis analysis as as discussedas discussed inin moremore in more detaildetail detail below. below.

Addressing indirect indirect impacts impacts with with the the theVaNLA VaNLA VaNLA

The VaNLAVaNLA enables enablesenables the the the quantification quantification quantification of of indirect indirectof indirect impactsimpacts impacts pertaining pertaining pertaining to to threethree to fragmentationthreefragmentation fragmentation

effects: increasedincreased edge edge effects,effects, effects, creationcreation creation of smallerof smaller fragments fragments from from onceonce once larger larger forest forestcores, cores, andcores, and

reduced sizesize of of original original forest forest corescores cores (Didham (Didham 2010). 2010).

IncreasedIncreased edge effects: Edge effects effectseffects resultresult result from from from thethe the creationcreation creation ofof non-forest non-forestof non-forest withinwithin within what what

was previouslypreviously forestforest forest habitat habitat andand and may may decrease decrease thethe amounttheamount amount of interior. of interior. ForestForest Forest edges edges edges havehave have

greater exposureexposureexposure to to wind wind andand and longer longer and and more more intense intense exposure exposure to sunlight, to sunlight, which whichmeans meansthatthat that

plant andandand animal animal species species withinwithin within newly newly created created edges edges experienceexperience experience hotter hotter hotter andand drierdrier and conditions drier conditions toto to

which they they may may not not be be adapted. adapted. EdgesEdges Edges resultingresulting resulting from from longlong long linearlinear linear disturbances disturbances facilitatefacilitate facilitate the the

spread ofofnon-nativeof non-native non-native and and and invasive invasive invasive species, species, species, because because thethe disturbedthe disturbed areas areas areas alongside alongside roads roadsor or

within a aa transmissiontransmission right-of-way right-of-way (ROW) (ROW) provideprovide provide longlong long corridorscorridors corridors of of uninterrupteduninterrupted of uninterrupted habitat habitatin in

which weeds weeds can can thrivethrive thrive withwith with little little competitioncompetition competition fromfrom from woody woody woody plants plants plants (EPA (EPA 2013).(EPA 2013). The modified The modified

habitat withinwithin within the thethe forest forest forest edge edge edge is is vulnerableis vulnerable vulnerable to to changes changesto changes in in species species in species composition composition and structure, and structure, asas as

plants andand animals animals thatthat that can can out-compete out-compete interiorinterior interior forest-dependent forest-dependent forest-dependent species species species gain gain access accessgain access throughthrough through

the newlynewly created created ROW., ROW.,ROW., NewNew New pestspests pests and and pathogens, pathogens, invasiveinvasive invasive plant plant speciesspecies species and predatorsand predators are are

thus introducedintroducedintroduced to to thethe the forestforest forest communities,communities, communities, disruptingdisrupting disrupting thethe ecologicalecological the ecological functionfunction function of the forest, of the at forest, at

leastleast 100100 metersmeters into into the the adjacent adjacent adjacent forested forested forested area area area (Graham (Graham (Graham 2002). 2002).

CreationCreation of forest fragments from cores: cores: TransectingTransacting intactintact intact forest forest with with pipelines, pipelines, pipelines, roads, roads, roads,

or transmissiontransmission ROW ROW cancan can result result result inin patches patchesin patches that that that nono longer longerno longer contain contain contain the the minimumminimum the minimum areaarea ofof area interiorinterior of interior 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

forest habitat toto qualify qualify as as cores. TheThe VaNLA VaNLA methodologymethodology sets sets the minimum size size for aa viable

forest core to 100100 acres acres of interiorinterior (Bulluck(Bulluck et al. 2007). SimilarSimilar assessments assessments have used 250

acres asas thethe minimumminimum size criterioncriterion (SWCA(SWCA2010). 2010). NewNew smallersmaller patches patches behave more likelike edge

habitat andand maymay becomebecome populationpopulation sinkssinks to which species areare drawndrawn butbut withinwithin which they

cannot reproducereproduce successfullysuccessfully duedue to predation oror lack lack ofof critical critical resourcesresources (Robinson and

Wilcove 1994).

ReducedReduced size of forest cores: cores: Ensuring thatthat thethe forest patches remaining on the

landscapelandscape meet the establishedestablished minimum size criterion does not avoid fragmentationfragmentation impacts.impacts.

Even smaller interior forest patches patches exhibit exhibit decreased decreased resource resource availability, lowerlower species species

richness, lowerlower genetic diversity, and thus, lessless capacitycapacity for for species populationspopulations toto adaptadapt to

various natural and human-induced changes onon thethe landscape. Thus, when edge effects

permeate aa landscape,landscape, creatingcreating relativelyrelatively smaller forest patches,patches, the compounding negative

indirectindirect impacts toto forestsforests areare exacerbatedexacerbated (Didham(Didham 2010,2010, Haddad et al2015).al 2015).

QuantifyingQuantifyinfi Indirect ImpactsImpacts with the VaNLAVaNLA

We quantifiedquantified thethe indirect indirect impacts impacts toto forestsforests (i.e.,(i. e., fragmentationfragmentation effects)effects) viavia useuse of the VaNLAVaNLA

to calculatecalculate a Core Integrity Impact.Impact. The Core Integrity Impact Impact calculation calculation allowed us toto

translate the threethree effects effects of of fragmentation fragmentation - - edgeedge effects, effects, creation creation of of non-core non-core forest patches,patches,

and resulting cores ofof reduced sizesize andand ecologicalecological integrity-to integrity—to areaarea inin acres.acres. The Core Integrity

Impact was calculated using both a Fragmentation FactorFactor and DepthDepth Factor, Factor, eacheach of which is is

discussed inin moremore detaildetail below.

For purposes ofof illustrationillustration andand descriptiondescription we we use use the the term term "parent"parent core"core" toto referrefer toto a forest

core in its current,current, pre-impact condition. TheThe parent parent core core represents represents the baseline baseline condition

that isis permanently degraded by thethe habitat loss and and fragmentation fragmentation imposed imposed by by the the ACP. ACP. InIn

order to estimateestimate thethe degree degree of of degradation degradation ofof the the parent parent core, core, we we used used the the size size andand shapeshape

statistics ofof thethe (pre-impact) parent core to quantify the increaseincrease in edge effects and creation of

smaller cores andand non-core forestforest fragments.fragments. EdgeEdge effect isis commonly quantified and

expressed byby the the ratioratio ofof interiorinterior forestforest areaarea toto thethe perimeter of each core (i.(i.e.e. IA/P ratio). 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

These statisticsstatistics enableenable calculationcalculation ofof a FragmentationFragmentation Factor forfor every intersectedintersected core, which

helps to calculate the Core Integrity ImpactImpact for each each core.

Figure 1 provides aa representativerepresentative exampleexample thatthat illustrates the Fragmentation FactorFactor calculation

of the overalloverall CoreCore Integrity ImpactImpact forfor a a singlesingle core. AllAll areaarea calculations were conducted in

square meters toto retain precision, and later converted toto acres. Interior areaarea isis the area of the

parent core minus thethe 100 meter transition zonezone to existing non-forest vegetation cover. In this

example, when thethe parent core is intersected by thethe pipeline, two smaller cores (upper right

and lower rightright lobes) lobes) areare created, asas well as two-non-coretwo-non-core fragments, which areare considered

lostlost and no longerlonger meetmeet thethe criterioncriterion for 100100 acres ofof intactintact interior.interior. TheThe fragmented corecore

interiorinterior areaarea isis the sum of all the remainingremaining areas meetingmeeting thethe 100-acres of of intactintact interiorinterior

criterion. TheThe before-impact before-impact perimeter perimeter is is the the overalloverall perimeterperimeter ofof the the parent parent core core and the

after-impact perimeterperimeter isis the cumulativecumulative perimeterperimeter allall the resultingresulting fragments. TheThe IA/PIA/P ratio isis

calculated by dividingdividing the the interior area area by the perimeter forfor each each core.

The Fragmentation Factor quantifiesquantifies the degree toto which the proposedproposed pipelinepipeline routeroute changeschanges

the sizesize and shapeshape of of aa core, core, thereby thereby diminishing diminishing the the ecologicalecological integrity integrity ofof thethe core.core. ItIt isis

calculated by takingtaking the the inverseinverse ofof thethe relativerelative proportion of change change in thethe IA/P ratio,ratio, brought

about byby the fragmenting pipelinepipeline feature. feature. By By relying relying on on the the change change in in these these size size and and shapeshape

statistics, the FragmentationFragmentation FactorFactor measuresmeasures a relative loss, inin area,area, ofof thethe indirect loss of

forest valuesvalues due to edge effects and thethe creation of smaller smaller corescores and non-core fragments.

Note that these calculations dodo notnot address the the footprint footprint of the pipeline itself (i.e.(i. e. thethe direct

impacts),impacts), which is accounted forfor inin the calculationcalculation of of direct direct impacts impacts and and represents represents 92 92 acres acres in

the example.example. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Figure 1.1. CalculationCalculation of of the the FragmentationFragmentation Fragmentation FactorFactor Factor Variable Variable in thethe in Core the Core IntegrityIntegrity Integrity Impact Impact

After Re fore {Fragmented (Parent Core}Core} Core

Interior Area Area ? ? 100 100 acr acr Irn2 Irn2 97,969,743 95,795,989

Pen meter (m)(m) 48,134

IAIP Ratio 2,035

Fragmentation Factor FactorFactor

1 -— (1, ( 1,481481 / / 2,2,035035) ) = 0.0.2727

The Fragmentation Factor Factor does does not not address address thethe the degree degree toto which to which a pre-impact a pre-impact core iscore divided is divided

intointo smallersmallersmaller cores. cores. ForFor For example, example, indirect indirect impactsimpacts impacts to aa toforested a forested core, core, due toto due the to nature the nature of edgeedge of edge

effects, areare considered considered less less wherewhere where aa disturbancedisturbance a disturbance isis locatedlocated is located closercloser closer to to the the to peripheryperiphery the periphery of the of the

original parent parent core. core. InIn In other other other words, words, words, impacts impacts impacts toto the the to outer theouter outer portions portions portions of of a a core coreof a have havecore relatively relativelyhave relatively lessless less

detrimental impacts impactsimpacts on on the the original original core core due due toto the to factthe thatfact deeperthat deeper interior interior conditionsconditions conditions areare are

retained ininin thethe the resultingresulting resulting parent parent parent core. core. core. Conversely, Conversely, Conversely, impacts impacts impacts to to deeper deeper to deeper areas areas areas of of a a corecore of a havehavecore have

relatively greater greatergreater indirectindirect indirect impacts impacts impacts toto a toa pre-impactpre-impact a pre-impact core core core by by leaving leaving by leaving aa smallersmaller a smaller remainingremaining remaining cores.cores. cores.

Therefore, aa DepthDepth Factor Factor waswas was calculatedcalculated calculated toto addressaddressto address the the locationthelocation location ofof thethe of pipelinepipeline the pipeline within withina a core a core

and thethe resultingresulting depthdepth depth ofof ofpenetration. penetration.

Using 100-meter 100-meter100-meter inwardinward inward buffersbuffers buffers ofof theofthe the outmost outmost pre-impact pre-impact parent parent core perimeter,coreperimeter, perimeter, the the

maximum depth depth of of everyevery every core core was was calculatedcalculated calculated viavia measurementviameasurement measurement to to the the to mostmost the mostcentralcentral central ring.ring. In ring. the In the

representative exampleexample example provided provided inin FigureinFigure Figure 2, the 2, the maximum maximum core core depth depth isis 3,4003,400 is 3,400 meters. meters.

Likewise, thethe the depthdepth depth of of penetration penetration ofof the ofthe the pipelinepipeline pipeline waswas was alsoalso alsomeasured measured atat thethe at deepestdeepest the deepest pointpoint of ofpoint of

penetration; 2,100 2,2,100100 meters metersmeters in in in the the the Figure Figure Figure 2 2 example. example.2 example. TheThe The Depth Depth Depth Factor Factor Factor was was was then then calculated calculated calculated asas as

the proportionproportion ofof of overall overall overall depthdepth depth thatthat that is is penetrated penetratedis penetrated byby the the by pipeline, pipeline,the pipeline, andand thusthus and represents representsthus represents the the 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

depth ofof interiorinterior conditions conditions conditions where where where edge edge edge effects effects would would occur occur andand interiorinterior and interior forest conditionsforest conditions

would bebe lost. lost.

Figure 2. 2. CalculationCalculation of of the the DepthDepth Depth Factor Factor Factor Variable Variable in the in theCore Core Integrity Integrity Impact Impact

Depth Factor Factor

Depth ofof Penetration Penetration / /Maximum/ Maximum Depth Depth = = 2,1002.100/3, / 3,400400=0. = 0.6262

Note thethe influenceinfluence of of the the location location of theof the pipeline pipeline within within aa core. a core. ImpactsImpacts Impacts to outer to depthouterdepth bandsdepthbands bands

result ininin aa a smaller smaller DepthDepth Depth Factor,Factor, Factor, thereby thereby also also also decreasing decreasing the the Core the Core IntegrityIntegrity Integrity Impact Impact

After calculatingcalculatingcalculating both both both the the the Fragmentation Fragmentation Fragmentation Factor Factor Factor and and and the DepthDepththe Depth Factor, Factor, Factor, we applied we applied these these

calculations to to determine determine the the the indirect indirect indirect impact impact impact to to each eachto each forest forest forest core, core, core,also also known knownalso known as as the as CoreCore the Core

IntegrityIntegrity Impact, Impact,Impact, usingusing using thethe the followingfollowing following equation: equation:

Core IntegrityIntegrity Impact ImpactImpact = = = ParentParent Parent Core Core Core Size Size Size (acres) (acres) xx FragmentationFragmentation x Fragmentation Factor Factor x Depth x Depth FactorFactor Factor = =

Applying this this formula formula toto to thethe the example example example providedprovided provided inin Figures Figures in Figures 11 and 1 2, and thethe 2, Core the IntegrityCoreIntegrity Integrity Impact Impact

would bebe calculatedcalculatedcalculated in in in acres acres acres as:as: as:

25,38925, 389 acresacres xx 0.270.0.2727 xx 0.61 0.0.6161 == 4,1824, 4,182182 acresacres 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

The totaltotal impacts impacts includeinclude include bothboth both thethe the directdirect direct impactsimpacts impacts from from from thethe constructionconstruction the construction footprintfootprint footprint of the of the

pipeline andand the the indirect indirect impacts impacts impacts calculated calculated calculated through through the the Core Corethe Core IntegrityIntegrity Integrity Impact Impact Impact formula. formula. formula. As As such, such, As such, the totaltotal impacts impactsimpacts to to the the corecore core are are provided provided throughthrough through thethe followingthe following summation: summation:

Total ImpactImpact = == Direct Direct Impacts Impacts + Core+ Core IntegrityIntegrity Integrity Impact Impact

Therefore, perper the the exampleexample example provided provided in in FiguresinFigures Figures 1 andand 1 and 2,2, thethe 2, totalthetotal total impact impact would would bebe calculated be calculated in in

acres as:as:

92 acres ++ 4,4,1824,182182 acresacres == = 4,2744, 4,274274 acres acres

Results

Overall, thethe ACP ACPACP Rev Rev lOa10a 10a alignment,alignment, alignment, access access roads,roads, roads, pipeyards/laydown pipeyards/laydown pipeyards/laydown yards,yards, yards, and staging stagingand staging areas areas intersectintersect 203 203203 features features features in in in the the the VaNLA VaNLA VaNLA representing representing 145 145 forestedforested forested cores cores and 5858and non-corenon-core 58 non-core habitathabitat habitat

fragments (Table (Table(Table 1). 1).

Table 1.1. SummarySummary ofof of Cores Cores Cores and and Non-core Non-core fragments fragments impactedimpacted impacted byby the theby ACP theACP ACP

VaNLA featuresfeatures Number

intersected intersected

Cl core 6

C2 core 21

C3 core 1313

C4 core 39

CS core 66

Total corescores 145

Non-core forestforest 58

Total VaNLAVaNLA 203 features

The totaltotal impactimpactimpact (i.e. (i. (i.e.e. DirectDirect Direct + + +Indirect)Indirect) Indirect) was was was calculated calculated for each eachfor each of the of 145 145the cores145 cores intersected intersected by by the RevRev lOa10a10a alignment alignmentalignment andand and associatedassociated associated infrastructure infrastructure infrastructure footprintfootprint footprint of of the the of ACP. ACP. the ACP.AdditionalAdditional Additional direct direct 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

impactsimpacts were were calculated calculated forfor for the the 58 58 non-core non-core forest forest patches patches intersectedintersected intersected by thethe by pipeline the pipeline

alignment, but but these these non-core non-core forests forests were were excluded excluded from from calculations calculations of indirect of indirect impactsimpacts impacts

because these thesethese non-corenon-core non-core patchespatches patches dodo do notnot not meetmeet meet thethe the ecological ecological corecore core criteriacriteria criteria of 100 of interior 100 interior acres.acres. acres.

Direct andand indirect indirect impactsimpacts impacts werewere were alsoalso also separatedseparated separated based based on thethe on ecologicalthe ecological integrity integrity scoresscores scores ofof thethe of the

intersectedintersected cores; cores;cores; C1-OutstandingCl-Outstanding C1-Outstanding and and C2-Very C2-Very High High rankedranked ranked corescores cores were were were treatedtreated treated separately separately thanthan than

cores rankedranked C3,C3, C3, C4 C4 andand and C5.C5. C5. Based Based onon on thethe the higher higher ecological ecological value value of C1 Cl of and C1 andC2 cores,cores, C2 cores, wewe feltfelt we felt

this separationseparation to to be be necessary necessary in in order orderin order to to allowallow to allow mitigationmitigation mitigation ratios ratios and mitigationmitigation and mitigation activities activities toto to

account for for the the fact fact that that somesome some forest forest corescores cores would would receive receive disproportionately disproportionately greater greater impacts. impacts.

InIn other words,words/words, mitigationmitigation mitigation measuresmeasures measures forfor fora a corecore a core of highesthighest of highest ecological ecological integrity integrity should shouldbe greater be greater

to attemptattempt to toto sufficiently sufficientlysufficiently address address address the the the loss loss loss in in ecologicalecological in ecological values values toto thatthat to exceptional that exceptional forest core. forest core.

Table 22 summarizessummarizes thethe the acres acres ofof of impactimpact impact anticipated anticipated withwith with the the ACPthe ACP ACP RevRev RevlOa10a alignmentalignment10a alignment and and

associated supportingsupporting supporting infrastructure infrastructure areas. areas. areas.

Table 2.2. SummarySummary of of Forest Forest Impacts Impacts

Summary of of Forest Forest Impact Impact acres acres

DirectDirect IndirectIndirectIndirect

C1 and C2.C2. tore%»] 1,0721/072 19,94519,945

C3 — C5 [ft»]^Co 2,0992/099 24,28224/282

Non-Core ForestForest Blocks Blocksit SNS? 252 n/a

TOWm 3,423 44,227

Though thethe pipeline pipelinepipeline ROW ROW ROW and and and associated associated associated access access access roadsroads roads andand and constructionconstruction construction areas areas areas havehave ahave very a very

narrow footprintfootprint (i.e. (i. (i.e.e. the the the direct direct direct impact impact impact area), area), area), thethe theindirect indirect indirect effects effects effects extend extend extend 100100 metersmeters 100 meters beyondbeyond beyond

both sidessides ofof of thethe the project project footprintfootprint footprint intointo into the the surroundingthe surrounding surrounding forestforest forest (Graham (Graham (Graham 2002)2002) to2002) impact to impact

additional areas areas ofof of thethe the parentparent parent core.core. core. The The ratio ratio of direct of direct to indirect to indirect impacts impacts is aa functionfunction is a function of:of: 1)1) of: 1) 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

the lengthlength of edgeedge created and the area of corecore forestforest converted to non-core forest

(fragmentation factor), and 2) the amountamount ofof fragmentation fragmentation ofof large large intactintact corescores (depth factor).

The ratio ofof direct direct to to indirect indirect impacts impacts is is large large in in this this specific specific case because thethe proposed

construction right of way deeply penetrates manymany large large forest forest corescores withwith highhigh ecologicalecological

integrity.integrity. IfIf the the project project avoided avoided deeply deeply penetrating penetrating large large intact intact forest forest cores,cores, aa commensurately

smaller ratio ofof direct direct toto indirectindirect impactsimpacts wouldwould result, result, as as indirect indirect impacts impacts wouldwould also also be be less. less.

Proposed Mitigation Practices Practices

As discussed previously, previously, to to the the extent extent that that directdirect andand indirectindirect impactsimpacts toto thethe Commonwealth's

forests may not be avoided, theythey must be mitigated. The Commonwealth's naturalnatural resourceresource

agencies, representing a breadthbreadth of expertise in the ecological,ecological, environmental and economic

values of upland forests, suggest three three activities to address directdirect and indirect impacts to

forests: afforestation, avoided deforestation,deforestation, and forestforest enhancement.enhancement. WeWe agree with the

FERC'srecommendation recommendation toto developdevelop aa fragmentationfragmentation analysis analysis forfor thethe entirety of the ACP ACP project

area, and we believebelieve that these these threethree activities activities should should bebe utilized utilized inin analyzinganalyzing and quantifying

the scalescale of mitigation.

In addition, andand asas discussed inin moremore detaildetail in thethe sections below,below, thethe mitigation planplan shouldshould

includeinclude mitigation ratios thatthat are developed for eacheach of the three mitigationmitigation activities.activities. AA

different ratioratio of of mitigation mitigation acresacres to impactimpact acresacres should be identified for each mitigation

activity to ensure that anan ACPACP forest mitigation programprogram resultsresults in effective conservation

benefits. Also,Also, separateseparate mitigationmitigation ratiosratios should should bebe developed developed toto specifically specifically account for the

impactsimpacts to ClCl and and C2 C2 cores; cores; C3, C3, C4 and C5 cores; and non-core forest blocks intersectedintersected by thethe

pipeline and associated infrastructure.infrastructure. InIn general, general, factorsfactors toto considerconsider in the assignment of

ratios should includeinclude thethe timetime lag betweenbetween the impactimpact andand the restorationrestoration ofof ecosystem ecosystem

services throughthrough thethe mitigationmitigation activity,activity, thethe risk ofof failure,failure, thethe difference between whatwhat is is lostlost

and what is is replaced, the ability to offsetoffset the the full full suite suite of of negative negative impacts impacts occurringoccurring at the

project site, and the extentextent to to which which the the respective respective mitigation mitigation activity activity results results inin nono netnet loss loss of

forest habitat. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

The followingfollowing summarizes eacheach ofof thethe threethree recommended mitigation activities and provides

additional detail regardingregarding considerations inin thethe developmentdevelopment ofof mitigation ratios.

Afforestation [Restoration][Restoration]

This mitigationmitigation activity consistsconsists ofof converting open land toto forest by planting native trees

appropriate for the ecoregion ecoregion in which the impact being mitigatedmitigated forfor occurred. This activity

offsets the forest conversion thatthat occurs inin thethe projectproject footprintfootprint by creating additional

forestland. TheThe plantedplanted acresacres would have toto be protected from conversionconversion to any other landland

use in perpetuity. TheThe USFWS USFWS recommendsrecommends this this as as the the primary primary mitigation mitigation activityactivity forfor pipeline

impactsimpacts (Gosse 2016),2016), and and habitat habitat restorationrestoration isis an analogous activityactivity thatthat is accepted forfor

mitigation of wetlandwetland impacts.impacts. TheThe Virginia Virginia Department Department ofof Forestry Forestry expectsexpects thatthat it will bebe

difficult toto meet meet all all the the mitigation mitigation acres acres needed needed toto compensate compensate forfor impacts impacts fromfrom the the ACP ACP

through this activity alone,alone, and has thereforetherefore recommendedrecommended thatthat aa portionportion ofof thethe mitigation

need be achieved throughthrough otherother activities pursuant to the federalfederal Council Council on Environmental

Quality (CEQ)(CEQ) NationalNational Environmental PolicyPolicy Act Act (NEPA) (NEPA) guidelines (40 Code of Federal

Regulations (CFR)(CFR) 1508. 1508.20).20). Due Due to to the the difficulty difficulty inin findingfinding suitable suitable acresacres forfor thisthis mitigationmitigation activity, we recommend that this activityactivity only only bebe applied to direct impacts.impacts.

InIn developing mitigation ratios forfor this activity, we recommend followingfollowing thethe rationale ofof

Virginia's wetland mitigation program program whose whose guiding guiding principal principal is to achieve "no"no net loss" ofof

wetlands in Virginia. AsAs such, thethe totaltotal acreage of of mitigationmitigation activitiesactivities fromfrom afforestationafforestation

(forest restoration/replacement) should should exceed exceed thethe direct impact acreage. In addition, the ratios must account forfor thethe riskrisk ofof failurefailure inherentinherent withinwithin any restoration/afforestationrestoration/afforestation project.

The ratios also mustmust accountaccount forfor thethe timetime lag, whichwhich isis significant,significant, betweenbetween mitigationmitigation put on

the ground (acreage(acreage ofof planted trees)trees) and aa maturemature forestforest withwith its intact ecological functionsfunctions

that isis similar to what isis lost. Finally,Finally, we recommendrecommend that thethe ratiosratios shouldshould bebe larger for those

impactedimpacted habitatshabitats that have have the highesthighest pre-impact ecological ecological integrity (i.e., (i. e., those rankedranked C1Cl

and C2). C2).

Avoided Deforestation [Preservation][Preservation] 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

This mitigation activity consists of of permanentlypermanently protectingprotecting forestlandforestland fromfrom conversion toto otherother

landland uses. This activity offsets ROW clearing andand fragmentationfragmentation impacts by ensuringensuring thatthat otherother

nearby forestland that could could otherwiseotherwise be be at at risk risk of conversion will be maintained in forestland

inin perpetuity. AsAs with afforestation acres,acres, this mitigation activity requires thatthat a perpetually

protective instrument overlay the mitigationmitigation acreage.acreage. TheseThese protectedprotected forestforest acresacres remainremain asas

forest, although harvesting timber maymay be be allowedallowed as as longlong as thethe harvested area is allowed toto

regrow as forestforest or is replanted.replanted. WeWe recommend that this mitigation activity be applied toto both

direct and indirect impacts associated withwith pipeline construction and long-term corridor

maintenance.

In developing mitigation ratiosratios for this activity, we againagain recommend followingfollowing Virginia's Virginia's

wetland mitigationmitigation principleprinciple ofof achieving achieving "no"no netnet loss."loss. " WhileWhile this this activity activity is is analogousanalogous to

preservation in the wetlandwetland mitigation mitigation realm, realm, it it does does not not result result in in no no net net loss loss of of forest. forest. As As such, such,

the ratiosratios for this activity should bebe greatergreater thanthan thosethose forfor afforestation toto account forfor thethe fact

that avoidedavoided deforestation resultsresults in permanent protectionprotection fromfrom conversionconversion of already forested

habitats and does not add "new forest" on the landscape.landscape. AsAs withwith thethe afforestation mitigation

activity ratios, the ratios for this activity should bebe larger forfor thosethose impactedimpacted habitats thatthat have

the highesthighest pre-impact ecological ecological integrity.

Finally, because wewe recommendrecommend thatthat avoided deforestation be applied to both direct and

indirectindirect impacts, thethe ratios should reflect thethe differences between thesethese impacts.impacts. The ratios forfor

indirectindirect impactsimpacts should bebe smallersmaller thanthan forfor direct impacts inin recognitionrecognition ofof thethe factfact thatthat while

indirectindirect impactsimpacts result inin conversionconversion of of habitathabitat fromfrom corecore habitathabitat toto edge habitat,habitat, thethe woody

structure and some of its ecological functionfunction may remain, although in a diminished state.

Forest Habitat Improvement [Enhancement][Enhancement]

This mitigation activity consists ofof implementingimplementing appropriate silvicultural silvicultural practices thatthat result in

the improvementimprovement ofof ecological ecological functionsfunctions ofof forests forests onon publicpublic andand privateprivate lands.lands. This mitigation

activity offsets fragmentation impactsimpacts byby increasing increasing the ecological integrity of nearby forests.

As such,such, wewe recommendrecommend thatthat this mitigation activity only be applied to the indirect effects upon

core forests. The forest improvement achievedachieved shouldshould persist for a "significant periodperiod ofof time"time" 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

or untiluntil thethe lift lift in in ecological ecological valuevalue isis sustainable with littlelittle oror no no management. management. ThisThis is is analogous analogous to wetlandwetland enhancementenhancement inin the wetland mitigationmitigation realm.realm. AsAs with afforestation andand avoidedavoided deforestation mitigation activities,activities, this mitigation activityactivity requiresrequires that a perpetually protective instrumentinstrument overlay overlay the the mitigationmitigation acreage. acreage.

InIn developing mitigation ratios forfor this activity, we recommend thatthat thethe ratios forfor forestforest habitat improvementimprovement activities activities should should be be smaller smaller than those developed for avoided deforestation. The The rationalerationale behindbehind thisthis isis that the riskrisk of failure failure withwith these these types types ofof projects projects isis relatively small, they appropriately compensatecompensate forfor forested habitat degradationdegradation associated withwith fragmentationfragmentation (indirect(indirect effects),effects), and therethere are likelylikely many opportunitiesopportunities toto generate habitathabitat lift inin this way across thethe Commonwealth.Commonwealth. AsAs withwith thethe prior mitigation activities, we recommend thatthat the ratios for thisthis activityactivity shouldshould bebe largerlarger for thosethose impactedimpacted habitats that havehave the highesthighest pre- impactimpact ecological integrity.integrity.

ReferencesReferences

Bulluck, J. F., J.J. M.M. Ciminelli,Ciminelli, and J. T.T. Weber,Weber, 2007. Natural Landscape Landscape Assessment and Green Infrastructure-CompletionInfrastructure — Completion andand Distribution:Distribution: Final Report. Natural Heritage Technical Report #07-17.#07-17. VirginiaVirginia Department of of Conservation Conservation and and Recreation, Recreation, Division Division of NaturalNatural Heritage.Heritage. Richmond,Richmond, Virginia.

Council forfor Environmental Quality'sQuality's NationalNational Environmental Environmental PolicyPolicy Act Act guidelines guidelines (40(40 CodeCode ofof Federal Regulations Regulations (CFR) (CFR) 1508.1508.20)20)

DEQ.DEQ. 2013.2013. DEQ's Office Office ofof EnvironmentalEnvironmental Impact Review's Procedure Manual at http://www.deq.virginia.gov/Programs/EnvironmentalImpactReview/StateEnvironmenthttp://www.deq.virginia.gov/Programs/EnvironnnentalImpactReview/StateEnvironmenthttp://www. deq. virginia. gov/Programs/EnvironmentallmpactReview/StateEnvironment allmpactReviews/ProcedureManualDefinitions.aspx.allmpactReviews/ProcedureManualDefinitions.aspx.

Didham, R. K. 2010. EcologicalEcological consequences ofof habitathabitat fragmentation. In:In: Encyclopedia Encyclopedia of LifeLife Sciences. JohnJohn WileyWiley && SonsSons Ltd, Ltd, Chichester. Chichester. http://www. http://www.els.netels. net[doi:[doi: 10.1002/9780470015902.a0021904]10. 1002/9780470015902.a0021904] 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Graham, K.L.K.K.L.L. 2002. 2002.2002. HumanHuman InfluencesInfluences onon ForestForest WildlifeWildlife Habitat.Habitat. In:In:In: David David David N. N. and and John John G., G., eds.eds. 2000. SouthernSouthern forestforest resource resource assessment.assessment. Gen GenGen Tech. Tech. Tech. Rep. Rep.Rep. SRS-53. SRS-53.SRS-53. Asheville, Asheville,Asheville, NC: NC:NC: U.S. U. S. Department of of Agriculture,Agriculture, Forest ForestForest Service,Service,Service, SouthernSouthern ResearchResearch Station. Station. 635 p.

Gosse, Jeffrey.Jeffrey. USFWSUSFWS Region Regional Energy Coordinator,Coordinator, MidwesMidwes EcologicalEcological ServicesServices FieldField Office. Insert Insert Jeff's Title. Title. 77/7/2016./7/2016. Personal Personal Communication.Communication. Communication.

Haddad NM, NM, LALA LA Brudvig, Brudvig, J JJ Clobert, Clobert,Clobert, KFKF Davies, Davies,Davies, AA Gonzalez,Gonzalez, RDRD Holt, TETE Lovejoy,Lovejoy, JOJO Sexton,Sexton,Sexton, MPMP Austin, CDCD Collins, Collins, WMWM Cook,Cook, Cook, ElEl El Damschen, Damschen, RM RM Ewers,Ewers, Ewers, BL BL Foster,Foster, Foster, CN CN Jenkins,Jenkins, Jenkins, AJ AJ King, King, WF Laurance, Laurance, DJ DJDJ Levey, Levey, CR Margules,Margules, BABA Melbourne, Melbourne, AO AO Nicholls,Nicholls, Nicholls, JL JL Orrock,Orrock, DX DX Song,Song,Song, JR JR Townsendet al.al. 2015. 2015.2015. HabitatHabitat Habitat Fragmentation Fragmentation andand its its Lasting Lasting Impact ImpactImpact onon Earth'sEarth's

Ecosystems. ScienceScience Advances. Advances.Advances. 20 20 Mar Mar 201520152015 : el500052e1500052

Hanson, DA,DA, EM Britney,Britney, CJaCJ Earle, Earle, TGTG TG Stewart.Stewart. Stewart. 2013. 2013. AdaptingAdaptingAdapting HabitatHabitat Equivalency Equivalency AnalysisAnalysis (HEA) to to Assess Assess EnvironmentalEnvironmental LossLoss and and CompensatoryCompensatory Restoration FollowingFollowing SevereSevere Forest Fires..Fires. . ForestForest Ecology EcologyEcology and and and Management. Management. Management. 294(2013):166-177 294(2013):166-177294(2013):166-177

NOAA. 1995. 1995. HabitatHabitat Equivalency Equivalency Analysis: Analysis:Analysis: An AnAn Overview. Overview. NOAA NOAA Damage Damage Damage AssessmentAssessment Assessment and RestorationRestoration Program,Program, PolicyPolicy andand TechnicalTechnical PaperPaper Series, Series,Series, No.No. 95-1,95-1, (Revised(Revised 2000)2000)

Robinson, S.S. K.,K., and and D.D. S. S.S. Wilcove. Wilcove. 1994. 1994.1994. Forest ForestForest fragmentation fragmentation in inin the thethe temperate temperatetemperate zonezone andand itsits effect on on migratory migratory songbirds.songbirds. songbirds. Bird Bird ConservationConservation International 4:233 — - 249.249.

SWCA EnvironmentalEnvironmental Consultants.Consultants. 2010. RubyRubyRuby PipelinePipeline Pipeline LLC LLCLLC VoluntaryVoluntary ConservationConservation Plan for Migratory Birds Birds SupportSupport Document.Document. Prepared Prepared for for Ruby Ruby Pipeline Pipeline LLC.LLC. LLC. Available at http://www.blm.govinv/st/en/info/nepa/ruby_pipeline_project/record_ofhttp://www.blm.govinv/st/en/info/nepa/ruby_pipeline_project/record_of_decision.prihttp://www. blm. gov/nv/st/en/info/nepa/ruby_pipeline_project/record_of_decision. decision.pripri

nt.htmlnt. html

U.S.U.S. Environmental Protection Protection AgencyAgency Agency (USEPA). (USEPA). (USEPA). Our Our Built and Natural Environments: A Technical Review ofof thethe InteractionsInteractions BetweenBetween Land LandLand Use, Use, Transportation, Transportation, and Environmental Quality (2nd Edition). 2013.2013. EPA 231K13001.231K13001. Available at

https://www.epa.gov/smartgrowth/our-built-and-natural-environments.https://www. epa. gov/smartgrowth/our-built-and-natural-environments.

U.S.U. S. Fish andand WildlifeWildlife Service Service (USFWS).(USFWS). 3/8/2016.3/8/2016. 3/8/2016. "Proposed "Proposed Revisions Revisions to the U.S. U. S. Fish Fish and Wildlife ServiceServiceService Mitigation Policy".Policy".Policy". 81 8181 FR FR 12379.12379. 12379. pp.pp. pp. 12379-1240312379-12403 12379-12403 (25(25 pages). pages). 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

DEQ CONSOLIDATED PROGRAM PROGRAMCOMMENTS COMMENTS- —March March 3, 3, 2017 2017

Atlantic CoastCoast Pipeline Pipeline — - DEISDEIS

Virginia Water ProtectionProtection (VWP) (VWP) — - WetlandsWetlands

DEQrecognizes recognizesthat that there there willwill be be state state and and federal federal permitting permitting requirementsrequirements relatedrelated to wetland and stream crossingcrossing activitiesactivities associated withwith thethe ACP ACP projectproject which areare in additionaddition toto thethe Environmental Impact Statement process. process. Our Our comments are are based based on on reviewing reviewing current current GIS GIS mapping overlain with thethe proposed ACP alignment alignment submitted submitted asas ofof January,January, 2017,2017, as as well well as as the the mapmap sheetssheets andand otherother material inin the DEIS. DEIS.

Recommendations:

DEQ is is concerned concerned that that the the proposedproposed temporarytemporary impacts couldcould resultresult inin a a permanentpermanent alterationalteration of the impacted systems postpost construction. construction. The The final final EIS EIS shouldshould includeinclude aa requirementrequirement for Pre-impact characterizations of proposed streamstream and and wetland wetland crossings crossings which which gogo beyondbeyond the normal normal jurisdictional determination requirements requirements to to include include sufficient sufficient evidence evidence that the the system system will will be able to maintain its original functionsfunctions indefinitelyindefinitely afterafter restoration.restoration. Pre-impact characterizations should include stream surveys, subsurface investigationsinvestigations atat temporarytemporary streamstream andand wetlandwetland impact areasareas toto establish thethe feasibility of of restoringrestoring thethe systems post construction and hydrologic hydrologic assessments, including piezometers,piezometers, to establish pre-impact hydrologichydrologic conditionsconditions atat temporarytemporary wetland impact areas.

Section 2.3.3, 2. 3. 3, Wetland Wetland Crossings Crossings - During trenchtrench excavationexcavation inin all all wetlands, wetlands, saturated saturated oror unsaturated,unsaturated, segregate the the upper upper 12-inches 12-inches of of the the soil soil profile profile within wetlands as "wetland topsoil" from thethe underlying subsoil,subsoil, storestore thethe wetland topsoil in a soil stockpilestockpile separateseparate from other soil materials, and upon closing thethe trench,trench, use the wetland topsoil to fill thethe upperupper 12-inches ofof thethe trenchtrench toto reconstruct the wetlandwetland soilsoil profile. Restore temporarily disturbed wetland areasareas to to pre-existing pre-existing conditionsconditions withinwithin 30 days of completing workwork atat eacheach respective temporary impact impact area, area, which which shallshall include reestablishing preconstruction elevations and contourscontours withwith topsoiltopsoil from the impactimpact area and and planting planting or seeding with appropriate wetlandwetland vegetationvegetation accordingaccording to pre-disturbancepre-disturbance covercover type until disturbed sites are permanently stabilized.

Section 4.3.2,4. 3. 2, Surface Surface Water Water Resources, Resources, Page Page 4-87 4-87 — -The The final EIS shouldshould inventoryinventory locationslocations ofof private ponds relative to pipe and road network network similar to to other surface water resources. resources. Recommend Recommend locating locating the roadroad andand pipe pipe crossingscrossings down gradient of private ponds to the maximummaximum extent possiblepossible and developing enhanced erosion and sedimentsediment control control (ESC)(ESC) measures measures toto protectprotect ponds from secondary impacts of constructionconstruction wherewhere route alignments are not possible.possible.

4.3.2.64. 3. 2. 6 GeneralGeneral Impacts and Mitigation, Page 4-100 - DEIS states states "Waterbodies"Waterbodies wouldwould bebe crossed using the open open cut, cut, flume, flume, dam dam and and pump, pump, HDD, HDD, and cofferdam methods, which which are described described in in detail in in section 2.3.3.1.2. 3. 3. 1. The specific constructionconstruction method proposed forfor each each waterbody waterbody crossing crossing is is listed listed inin appendix K. Crossing methodsmethods forfor eacheach waterbodywaterbody were selected basedbased onon thethe topography, topography, soilsoil conditions, subsurface geology, geology, andand thethe widthwidth andand depthdepthdepth of of the thethe waterbody." waterbody.waterbody."" Since SinceSince HDD HDD would would result inin no impacts to streams and and is is considered considered an an avoidance avoidance measure, measure, recommend recommend considering considering HDD, HDD, if if practicable, at crossings of sensitive waters, e.g.,e. g., trout waters,waters, high high quality quality streams,streams, T&ET&E waters,waters, etc.

1 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Additional Information or Clarification Needed:Needed:

4.3.24.3.2 Existing Existing SurfaceSurface Water Resources, Resources, Page Page 4-924-92 — -Access Access roadsroads cross surfacesurface waters 490 times, with 455 of thesethese crossings beingbeing permanent.permanent. Many of thethe impacts toto streamsstreams are associated with access roads. Use ofof temporarytemporary accessaccess roadsroads wherewhere possible isis preferablepreferable toto permanentpermanent access roads.

Section 4.3.2,4. 3. 2, Surface Surface Water Water Resources Resources — -TheThe final EIS should should provide provide details details regardingregarding materialsmaterials toto be used and installation methods for for all temporary culverts and temporary fill inin waterbodieswaterbodies and and wetlands for permanent and and temporary temporary access access roads, roads, including including methods methods proposed proposed to to stabilize stabilize fill fill material. material. ACP ACP should include a detailed analysis of all alternativesalternatives toto the use ofof culverts and temporary fill,fill, such as relocations and bridges, toto reducereduce both permanent and temporary waterbody impacts.impacts.

Section 4.3.2, 4.3.2, Surface Surface Water Water Resources Resources —- Discuss andand identifyidentify thethe location of fill sources sources neededneeded for permanent and and temporary temporary stream stream crossings, crossings, ATWS, ATWS, yards, etc., as as obtaining obtaining fillfill may cause additional project environmental impacts includingincluding additionaladditional landland disturbance,disturbance, treetree removal, stream impact,impact, and wetland impact.

4.3.24.3.2 SurfaceSurface Water Resources, Page 4-91 - The DEISstates, states, "Major "Major waterbodies waterbodiesare are those those thatthat are greater than 100 100 feet wide, intermediate waterbodies waterbodies are greater than than 10 10 feet wide wide but lessless than or equal to 100 feet wide, andand minor waterbodieswaterbodies are are thosethose that are lessless than or equal to 10 feet wide."wide. " DEQDEQ notesnotes thatthat many spring-fed perennial stream systems within thethe mountainous region are often significantly significantly less thanthan 10' 10' at at the the ordinaryordinary ordinary highhigh high waterwater water markmark mark (OHWM).(OHWM). (OHWM). DEQDEQ DEQ recommends recommends the the final final EISEIS EIS identify streamstream type using a more robust methodmethod thanthan width width at at OHWM. OHWM.

4.3.3.84.3.3.8 Wetland Wetland Mitigation, Mitigation, Page Page 4-1254-125 — -The The DEISstates states that that mitigationmitigation plansplans havehave notnot been finalized. PleasePlease note thatthat DEQ's DEQ's regulation requires compensation at a 1:1 compensation to impactimpact ratio for permanent conversion conversion impacts impacts to to wetlands. wetlands. DEQ DEQ notes that that approximately approximately 98% 98% of of 219 acres of the reported reported PFO PFO impacts impacts are conversion impacts,impacts, though itit is unclear whatwhat portion will bebe permanent.permanent.

Comments forfor SpecificSpecific Crossings

API-1

91.5 ThisThis JacksonJackson River River crossing crossing will will use use a a dam/pumpdam/pump around around and and cofferdam. cofferdam. Recommend Recommend conducting work during low flowflow conditionsconditions toto thethe maximum extentextent practicable. Due Due to a complete blockageblockage of the riverriver during work, ensureensure strict adherence to allall recommended TimeTime of Year Restrictions (TOYR's). (TOYR's).

111.4111.4 ThisThis Calfpasture Calfpasture River River crossing crossing will will use a dam/pump around and and cofferdam. cofferdam. Recommend Recommend conducting work during low flowflow conditionsconditions toto thethe maximum extentextent practicable.

112.2112. 2 ThisThis Calfpasture Calfpasture River River crossing crossing willwill use a dam/pump around andand flumes.flumes. RecommendRecommend conducting work during low flowflow conditionsconditions toto thethe maximum extentextent practicable.

148.6148. 6 ThisThis South South River River crossing crossing runs runs for for 385' 385' through through an an area area indicated indicated as as PFO PFO wetlands, wetlands, resultingresulting inin 0.50. 5 acre temporary impactsimpacts andand 0.3 0. 3 acreacre permanent permanent conversion conversion impacts. impacts. The The crossing crossing isis also located immediately downstream from the confluence of anan unnamed perennial tributary of thethe

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South River. RecommendRecommend evaluatingevaluating thethe practicabilitypracticability andand potential potential environmentalenvironmental benefitbenefit of of crossing the thethe SouthSouth RiverRiver further further toto thethe easteast and downstreamdownstream of the confluence.

184.8184.8 ThisThis JamesJames James RiverRiver River crossing crossing willwill will use use HDD.HDD. HDD. TheThe The associated associated HDD HDD Rig-side Rig-sideRig-side Workspace Workspace onon the the easteast bank of the James RiverRiver extendsextends easteast for forfor approximatelyapproximatelyapproximately 200'200' into into a a PFOPFO wetland, resultingresulting inin approximately 0.80. 8 acreacre of temporary impacts. impacts. Recommend Recommend evaluating evaluating the the practicability practicability of of shifting oror reconfiguringreconfiguring the thethe geometrygeometry ofof thethe workspaceworkspace tototo reducereduce temporarytemporary impacts to the PFO wetland. wetland.wetland. DueDue to to clearing clearing and and staging staging activitiesactivitiesactivities adjacent adjacentadjacent to to the the river,river, andand thethe potential for an inadvertent releaserelease of of drilling drillingdrilling mud, ensure strictstrict adherenceadherence to toto all all recommended recommended Time Time of of Year Year Restrictions (TOYR's). (TOYR's).

220.8220. 8 ThisThisThis AppomattoxAppomattox Appomattox RiverRiver River crossing crossing crossing willwill will use useuse onlyonly only cofferdams. cofferdams. RecommendRecommendRecommend conductingconducting work during lowlow flowflow conditionsconditions toto thethe maximummaximum extentextentextent practicable.practicable. EnsureEnsure thatthat the materials materialsmaterials and' andand designdesign ofof the cofferdam cofferdam are are sufficient sufficient to to withstand withstand unanticipated unanticipated high high flows. flows. Recommend RecommendRecommend staging staging the the construction ofof thethe cofferdams cofferdams so so thatthat no no more more than than 50% 50% ofof the the river riverriver is is blocked at any time. Ensure strictstrict adherenceadherence to to all all recommended recommended Time TimeTime of of of Year Year Year RestrictionsRestrictions Restrictions (TOYR's). (TOYR's).(TOYR's).

229.2229.2 ThisThisThis FlatFlat Flat Creek Creek Creek crossing crossing crossing occursoccurs atat a reachreach of stream that runs runs parallel parallel with thethe pipeline'spipeline's alignment, resultingresulting in 0.0.33 acre of temporary impacts impacts to to PEM PEM wetlands wetlands associated associated with with Flat Flat Creek. Recommend evaluating the practicability practicability of of shifting shifting thethe alignmentalignment slightly slightly northnorthnorth toto cross cross Flat CreekCreek onon aaa perpendicularperpendicular toto reducereduce wetland impacts. impacts.

260.7260.7 ThisThisThis NottowayNottoway Nottoway River River River crossing crossing crossing willwill will use use use onlyonly only cofferdams.cofferdams. cofferdams. RecommendRecommend Recommend conducting conducting workwork during during low flow conditionsconditions tototo thethe maximummaximum extentextentextent practicable.practicable. EnsureEnsure thatthatthat thethe materialsmaterials andand design design of the cofferdam areare sufficientsufficient to withstand unanticipatedunanticipated highhigh flows. flows. RecommendRecommend stagingstaging the construction ofof thethe cofferdams cofferdams so so thatthat no no more more than than 50% 50% ofof the the river riverriver is is blocked at any time. Ensure strictstrict adherenceadherence to to all all recommended recommended Time Time Time of of of Year Year Year RestrictionsRestrictions Restrictions (TOYR's). (TOYR's). (TOYR's).

API-3

12.412. 4 This Meherrin RiverRiver crossing crossingcrossing willwill use use cofferdamscofferdams andand open.openopen,, cuts.cuts. RecommendRecommend conducting work during low flowflow conditionsconditions to toto thethe maximummaximum extentextent practicable.practicable.practicable. EnsureEnsure thatthatthat thethe materials and design ofof thethe cofferdamcofferdam are sufficient sufficient to withstand unanticipated unanticipated highhigh high flows.flows. RecommendRecommend staging thethe constructionconstruction ofofof thethe cofferdamscofferdams soso thatthatthat no no more more than than 50% 50% of of the the river river isis blockedblocked at any time. EnsureEnsure strict strict adherence adherence to to all all all recommended recommended recommended Time Time Time of of of Year Year Year RestrictionsRestrictions Restrictions (TOYR's). (TOYR's). (TOYR's).

27-36 TheTheThe streams streams streams crossedcrossed crossed withinwithin within this this range range allall all drain drain into into the the Nottoway Nottoway River.River. River. Ensure Ensure strictstrict adherenceadherence to allall recommendedrecommended TimeTime Time of of Year Year RestrictionsRestrictions Restrictions (TOYR's) (TOYR's) at atat all all jurisdictional jurisdictionaljurisdictional crossings crossingscrossings within this this range.

32.632.6 This Nottoway River River crossingcrossing willwill useuse HDD.HDD. Due Due to to clearing clearing and and staging staging activities activitiesactivities adjacent adjacentadjacent toto thethe river, andand thethe potentialpotential forfor anan inadvertentinadvertent releasereleaserelease ofof drilling drilling mud,mud, ensureensureensure strictstrict adherence toto allall recommended TimeTime Time ofof of YearYear Year Restrictions Restrictions (TOYR's). (TOYR's). (TOYR's).

36-43 TheThe streamsstreams streams crossed crossed within withinwithin this this range rangerange all all drain drain into into the thethe Blackwater BlackwaterBlackwater River. River.River. EnsureEnsure strictstrict adherence to to all allall recommendedrecommended recommended Time Time Time of of of YearYear Year RestrictionsRestrictions Restrictions (TOYR's) (TOYR's) (TOYR's) atat allall jurisdictionaljurisdictional crossings crossings within this range.

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38.638.6 This Blackwater River crossingcrossing will will use use HDD.HDD. Due Dueto to clearing clearingand and staging stagingactivities activities adjacentadjacent to the river,river, and the potentialpotential forfor anan inadvertentinadvertent releaserelease of of drilling drilling mud,mud, ensureensure strictstrict adherenceadherence to all recommended Time Time of of Year Year Restrictions Restrictions (TOYR's). (TOYR's).

63.663.6 This Western Branch Branch Nansemond Nansemond River River crossingcrossing willwill use HDD. HDD. DueDue toto clearingclearing and and staging activities adjacent to the river,river, and the potentialpotential forfor an an inadvertent inadvertent release release of of drilling drilling mud, ensure strict strict adherence adherence toto all all recommended recommended Time Time of of Year Year Restrictions Restrictions (TOYR's). (TOYR's).

64.464. 4 This Nansemond RiverRiver crossing will useuse HDD.HDD. Due Due to to clearing clearing and and staging staging activities activities adjacent adjacent to the river,river, and the potentialpotential forfor anan inadvertentinadvertent releaserelease of of drilling drilling mud,mud, ensureensure strictstrict adherenceadherence to all recommended Time Time of of Year Year Restrictions Restrictions (TOYR's). (TOYR's).

81.881. 8 This Southern BranchBranch ElizabethElizabeth RiverRiver crossing willwill useuse HDD.HDD. Due Due to to the the potentialpotential forfor an inadvertent release release of of drilling drilling mud, ensure strict adherenceadherence toto all all recommended recommended Time Time of of Year Year Restrictions (TOYR's). (TOYR's).

Water Quality Monitoring andand AssessmentAssessment

TMDL Recommendations: Recommendations:

For segmentssegments ofof the the ACP ACP that crosscross TMDL TMDL ImplementationImplementation Planning (IP) watersheds, watersheds, where implementation hashas already already occurred, occurred, destruction destruction of of BMPs BMPs such such as as livestock livestock exclusionexclusion and riparianriparian buffers need to to be be replaced replaced or or have have fundsfunds allocatedallocated to to replace replace the the BMPs BMPs nearby.nearby. This This would include, but may not be limitedlimited to the following following IP watersheds:watersheds: •. One watershed of of the the "Chowan "Chowan River River Watershed Watershed (Beaver (Beaver Pond Pond Creek Creek watershed) watershed) IP", IP", AP-1: AP-1: MP 255 to 259.7 •. Three watersheds ofof the the "Flat, "Flat, Nibbs, Nibbs, Deep, Deep, and and West West Creeks Creeks (Flat (Flat Creek, Creek, West Creek, Creek, and Deep Creek) Creek) IP", IP",IP", AP-1: AP-1: MPMP 226.9 226.226.99 toto 247.4247.4 •. Three watersheds ofof the the "Middle "Middle River River Watershed Watershed (Upper (Upper Middle Middle River, River, Lower Lower Middle Middle River, River, and MoffettMoffett Creek) Creek) IP", IP", AP-1: MP 118.118.11 toto 136.6 •. Two watersheds of of the the "Rockfish "Rockfish River River WatershedWatershed (South (South Fork Fork Rockfish Rockfish RiverRiver and LowerLower Rockfish River) IP", AP-1:AP-1: MPMP 158. 158.22 toto 167.9 •. Three watershedswatersheds of of the the "Slate "Slate River River and and Rock Rock Island Island Creek Creek TMDL TMDL (North (North River,River, LowerLower Slate River, UpperUpper SlateSlate River watershed) watershed)watershed) IP", IP", AP-1: MPMP 188.188.66 toto 213.5 •. Two watersheds of of the the "South "South River River Watershed Watershed and and Christians Christians Creek Creek (Christians (Christians Creek and Lower South River) River) IP", AP-1: AP-1: MPMP 137. 137.88 toto 158.3 • One watershed of of the the "Spring "Spring Creek, Creek, Briery Briery Creek, Creek, Bush Bush River, River, LittleLittle Sandy River and Saylers Creek (Saylers Creek) IP",IP", AP-1: MPMP 222.222.66 toto 227 •. One watershed of of the the "Tye "Tye River, River, Hat Hat Creek, Creek, Rucker Rucker Run Run and and Piney Piney River River (Rucker (Rucker Run) Run) IP",IP", AP-1:AP-1:MP MP 177.177.44 toto 178 •. One watershed of of the the "Willis "Willis River River Watershed Watershed (Willis (Willis River) River) IP", IP", AP-1: MP 202.202.44 toto 213.5

For segmentssegments ofof the the ACP ACP that cross applicableapplicable TMDLTMDL watersheds, watersheds, Class VV andand VIVI waters, waters, threatenedthreatened and endangered species waters,waters, and and benthic benthic impairments impairments the following following recommendations apply: apply: • Pre and post constructionconstruction monitoringmonitoring of of benthic benthic assemblages, assemblages. Relative Relative Bed Bed Stability, Stability, and riparian forestforest cover should be monitored. In-streamIn-stream monitoringmonitoring maymay notnot bebe necessary necessary if if

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streams areare not notnot flowing flowingflowing during during crossing. crossing. ThisThis isis similarsimilarsimilar to to whatwhat is recommendedrecommended inin recommendation numbernumbernumber 4444 44 onon on pagepage page 5-36 5-36 5-36 ofof of sectionsection section 5.2 5.25. 2of of of thethe the DEIS DEIS DEIS for for LaurelLaurel RunRun in thethe GWNF. •. Monitoring asasas suggestedsuggestedsuggested above could bebe usedused toto support the languagelanguage onon pagepage 4-974-97 section 4.3.2.54. 3. 2. 5 wherewhere it it states states thatthat impairments impairmentsimpairments areare not not anticipated anticipated toto bebe exacerbated exacerbated inin the long-long- term byby thethe constructionconstruction or operation of thethe projectsprojects and thatthat therethere may be a short term,term, minor increase in temperaturetemperature inin thethe immediate immediate vicinity vicinity and and downstream downstream ofof the the crossing crossingcrossing due to clearingclearing of riparian vegetation,vegetation, including throughthrough permanentpermanent right-of-wayright-of-way maintenance,maintenance, but that itit isis expected toto bebe minimal. minimal. •. On page 4-106 section section 4.4.3.2.63.2. 6 itit states states thatthat "The majoritymajority ofof thethe impairmentsimpairments areare relatedrelated to parameters thatthat areare are notnot not typicallytypically typically influenced influenced byby construction construction activitiesactivities or pipeline operations...constructionoperations... construction activitiesactivities wouldwouldwould bebe temporarytemporary andand short-termshort-term in naturenature and are not anticipated to furtherfurther any any of of the the listed listed impairments."impairments. " ThisThis maymay notnot bebe thethe casecase for benthic impairmentsimpairments where it it could could further impact impact them. them. Therefore Therefore monitoringmonitoring monitoring should should be considered.

Applicable TMDL watersheds watersheds include: include:

•. The Jackson River RiverRiver WatershedWatershed — -— Total TotalTotal Phosphorus Phosphorus andand and Total Total Total Nitrogen Nitrogen Nitrogen TMDLs, TMDLs,TMDLs, AP-1: AP-1: MPMP 8484 to 93.793.7 ForForFor segmentssegments segments of of the the ACP ACP crossingcrossing crossing the the JacksonJackson Jackson River River TMDLTMDL watershed,watershed, watershed, please please notenote thatthat high nutrient concentrationsconcentrations havehave been been observed observed in in the the Jackson Jackson River,River, andand appearappear to be resulting in significantsignificant periphytonperiphyton growthgrowth which which may may may impact impact the the benthic benthic macroinvertebratesmacroinvertebrates present inin the river.river. •. The LewisLewis Creek WatershedWatershed — -— Sediment, Sediment,Sediment, LeadLead Lead and and PAH PAH PAH TMDLs, TMDLs, AP-1: AP-1:AP-1: MP MPMP 136. 136.66 to to 137. 137.8.8. The TMDL study study prescribes prescribes aa 57.57.04%57.04%04% reductionreduction ininin sedimentsediment loadings, loadings, which will will necessitate necessitatenecessitate heightened erosion erosion and and sediment sediment controlcontrol control duringduring during land l?nd disturbing disturbing activities activities in this watershed •. Middle RiverRiver andand Upper South River WatershedsWatersheds -- Sediment,Sediment, Phosphorus,Phosphorus, Mercury Mercury TMDLs; TMDLs;TMDLs; Christians Creek watershed,watershed, Moffett MoffettMoffett CreekCreek watershed,watershed. MiddleMiddleMiddle River River watershed,watershed, AP-1: AP-1:AP-1: MPMP 118.1118.1 to 145.145. The TheThe TMDLTMDL TMDL study study study prescribes prescribes a 25.9%25.25.9%9% reduction in in sediment loadings,loadings, loadings, which which will will necessitate duringduring landland disturbingdisturbing activities in thisthis watershed.watershed. •. The James RiverRiver WatershedWatershed portionportion of ofof the the the Chesapeake Chesapeake Chesapeake Bay Bay Bay TMDL TMDL TMDL-Sediment, — Sediment, Nitrogen and Phosphorus, AP-1:AP-1:AP-1: MP 5353 toto MPMP 82.6. 82.82.6.6. For For segments segments of ofof the the the ACP ACP ACP crossing crossing thethe Chesapeake Chesapeake BayBay TMDL tributaries, tributaries, tributaries, heightened heightened erosion erosion andand sedimentsediment control practices practices should be implemented.implemented.

Benthic impairmentsimpairments crossedcrossed byby the the ACP ACP include:include:

•. Horsepen Creek Creek (VAC-H21R_HOX01A08), (VAC-H21R_HOX01A08), AP-1:AP-1: MPMP 201. 201.1201.11 tototo 201.2 •. Christians Creek Creek (VAV-B14R_CSTO2A00), (VAV-B14R_CSTO2A00),(VAV-B14R_CST02AOO), AP-1:AP-1: AP-1: MP MP 142.5142. 142.55 to to 145.6145.6145.6 •. Back Creek (VAV-B31R_BCK01A00),(VAV-B31R_BCK01AOO),(VAV-B31R_BCK01A00), AP-1: AP-1:AP-1: MP MP MP 153.153.6 153.66 to toto 153.7153.7 •. Mills Creek (VAV-B31R_MLSO1A02,(VAV-B31R_MLSO1A02,(VAV-B31R_MLS01A02, AP-1: AP-1:AP-1: MP MPMP 152.152.8 152.88 to toto 152.9152.9

Class V,V, StockedStocked Trout StreamsStreams crossedcrossed byby ACP ACP include:

•. Mill CreekCreek (VAV-130R_MITO2A10),AP-1: (VAV-130R_MIT02A10),AP-1:(VAV-130R_MIT02A10),AP-1: MP MP MP 103 103 to to 103.1103.1 •. Folly Mills Creek (VAV-B14R_FMCO2A10), (VAV-B14R_FMC02A10),(VAV-B14R_FMCO2A10),AP-1: AP-1:AP-1: MP MPMP 139.139.1 139.11 to toto 13.13.9292 •. Jackson River RiverRiver (VAV-I01R (VAV-101RJKS02AOO),(VAV-I01R JKSO2A00),AP-1: AP-1: MP MP 91. 91.491.44 to toto 91.591.5

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Class VI WildWild TroutTrout StreamsStreams crossed byby ACP ACP include:

•. White Oak Oak Rim Rim (VAV-B11R_WTKO1A02), (VAV-B11R_WTK01A02),AP-1: AP-1: MP MP 120. 120.11 to to 120.2120.2 •. Orebank Creek Creek (VAV-B31R_OREO1A02), (VAV-B31R_ORE01A02),AP-1: AP-1: MP MP 153. 153.44 to to 153.5153.5 •. Townsend Draft Draft Tributary Tributary (VAV-102R_XREO1A02), (VAV-102R_XRE01A02),AP-1: AP-1: MP MP 85 85 to to 85.185.1 •. Lick DraftDraft (VAV-102R_XSA01A02),AP-1: AP-1: MP MP 85. 85.33 to to 85.485.4 •. Back Creek X-Trib X-Trib (VAV-102R_XXBO2A04), (VAV-102R_XXB02A04),AP-1: AP-1: MP MP 88. 88.44 to to 88.588.5 •. Laurel RunRun (VAV-114R_LAA01A02), (VAV-114R_LAA01A02), AP-1: AP-1: MP MP 94 94 to to 94.194.1 •. Ramseys DraftDraft (VAV-129R_RAMO1A00), (VAV-129R_RAM01AOO), AP-1: AP-1: MP MP 113. 113.44 to to 113. 113.55 & & 114. 114.44 to to 114.5114.5 •. Stony Run Run (VAV-101R_ZZZO2A10), (VAV-101R_ZZZ02A10),AP-1: AP-1: MP MP 90. 90.88 to to 90.990.9 •. Rockfish River South Fork Fork (VAV-H15R_RFS02A10), (VAV-H15R_RFS02A10),AP-1: AP-1: MP MP 158. 158.99 toto 159 •. Spruce Creek Creek (VAV-H15R_SPC01A10), (VAV-H15R_SPC01A10), AP-1: AP-1: MP MP 162. 162.44 to to 162.5162.5 •. X-tribs to South South Fork Fork Back Back Creek Creek (VAV-B31R_XSB01A10), (VAV-B31R_XSB01A10), AP-1: MP 157.2 157.2 to 157.3157.3 && 157.157.55 to 157.6157.6

Threatened and Endangered SpeciesSpecies waters, those fosteringfostering threatenedthreatened andand endangeredendangered speciesspecies and critical habitat, crossedcrossed byby the the ACP ACP include:

•. AP-1: MP 97.97.88 toto 97.9: 97. 9: Cowpasture Cowpasture River River (VAV-114R_CWPO2A04) (VAV-114R_CWP02A04) •. AP-1: MP 260.260.77 toto 260.8: 260.8: Nottoway Nottoway River River (VAC-K16R_NTWO1A02) (VAC-K16R_NTW01A02) •. AP-1: MP 253.253.66 toto 253.7: 253. 7: Butterwood Butterwood Creek Creek (VAP-K2OR_BTRO2A06) (VAP-K20R_BTR02A06) •. AP-3: MP 267.267.4:4: WaauaWaqua Creek (VAP-K17R_WAQ03A16). (VAP-K17R_WAQ03A16).The The crossing crossing isis immediately immediately downstream from from a a Critical Critical Habitat Habitat (T (T & & EE Species) see table 4.4.2-1 4.4. 2-1 of of Volume Volume 1-EIS 1-EIS

For segmentssegments of thethe ACP ACP thatthat cross other impairments, measures should be employed instream and offstream to minimizeminimize suspension and mobilization sedimentsediment andand nutrients.nutrients. TheseThese impairmentsimpairments include:include:

•. Woody Creek which is impaired for E.coli E. coli and Dissolved Oxygen, butbut is fully supportingsupporting for Benthic Macroinvertebrates Macroinvertebrates and and wildlife wildlife use use (VAP-J11R_WDY01A00), (VAP-J11R_WDY01AOO), AP1:API: MP 240.240.6.6. •. Fontaine Creek which is fullyfully supporting supporting forfor AquaticAquatic life life but but is is impaired impaired for for recreationrecreation use due to E.coliE. coli impairmentimpairment and isis also impairedimpaired forfor fishfish consumption duedue to to Mercury Mercury in in Fish Fish Tissue (VAP-K11R_FONO4A00),(VAP-K11R_FON04AOO),API: AP1:MP299. MP299.6.6. •. An expanseexpanse ofof streamsstreams withwith numerousnumerous crossingscrossings betweenbetween AP3: AP3: MP MP 36.336. 3 to 46.3,46. 3, a portion of the NottowayNottoway RiverRiver at AP1:API: MPMP 32. 32.6,6, a a portion portion ofof the the MeherrinMeherrin at MP 12.12.4,4, andand a portion of the BlackwaterBlackwater RiverRiver atat MP 38.38.6.6. Waters impaired for lowlow dissolved oxygen include a portion ofofTarrara Tarrara Creek crossedcrossed at MP 17.17.8,8, andand the same portion portion of of the the Blackwater Blackwater River River impaired for mercurymercury thatthat is is crossed crossed at at MP MP 38.6. 38. 6. Lastly, Lastly, aa portionportion ofof Eley Eley Swamp, which is impaired for pH thatthat is crossed at MPMP 57.6.57.6.

For segmentssegments ofof the the ACP ACP that crosscross Public Public Water SuppliesSupplies (PWS)(PWS) or associated tributaries warrant heightened erosionerosion andand sediment sediment control control practices. practices. Applicable Applicable PWS PWS include:

•. Middle River atat AP-1 -MP-MP 130.130.4,4, thethe ACP crossing crossing is is 3. 3.3939 miles miles downstream downstream of the City City of Staunton's intakeintake •. Lake PrincePrince between, AP-3AP-3 MPMP61 61 to 61.1 •. One tributary to to Speights Speights Run, Run, AP-3 AP-3 MP 53.53.33 toto 53

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•. Two tributaries toto CahoonCahoon Creek,Creek, AP3-AP3- MP 55.55.33 toto 55.55.44 and MP 56.56.11 to 56.2 •. The MeherrinMeherrin River River (VAP-KO8R_MHNO1C00), (VAP-K08R_MHN01COO),MP MP 286. 286.33 and and 286. 286.88 and and 287. 287. Upstream Upstream from the crossing,crossing, thethe MeherrinMeherrin isis impairedimpaired forfor E.coliE. coli andand pH, andand downstreamdownstream from the crossingcrossing isis Emporia Lake (Meherrin Reservoir) which is impaired for Mercury Mercury in in Fish Fish Tissue. •. Two crossings of Western BranchBranch Reservoir. Reservoir. However,However, a a GIS GIS analysis analysis indicatedindicated it it will will likelylikely cross or come in close proximity toto aa thirdthird branchbranch of thethe Western BranchBranch Reservoir betweenbetween AP3:MP 62.62.99 -- 63, which is ~- 170 ft wide.

For segmentssegments of of the the ACP ACP that that cross cross PCB PCB TMDL TMDL regions, hydroseeding and mulch tackifiers should not be used within 100 feetfeet of the applicable water body or the tackifier should tested/researchedtested/researched forfor PCB PCB content prior prior to to application. application. The The regions regions include include Lewis Lewis Creek headwaters inin the the Shenandoah Shenandoah RiverRiver PCB PCB TMDL, the the middle middle James James RiverRiver near near Buckingham,Buckingham, the the MeherrinMeherrin RiverRiver near near Emporia,Emporia, the the Nansemond River nearnear Suffolk, andand thethe ElizabethElizabeth River inin Chesapeake.Chesapeake.

Route Alternatives Analysis forfor the the proposedproposed pipeline route (Revision(Revision lib11b Centerline)

This sectionsection pertainspertains toto the January 19,19, 20172017 docket filings ofof newnew routeroute adjustments.adjustments.

•. The ACP alignment alignment crosses crosses two two channels channels that that areare unnamedunnamed tributaries of of Butterwood Butterwood Creek Creek (VAP-K2OR_ZZZO1A14),(VAP-K20R_ZZZ01A14),API: AP1: MP MP 249. 249.55 to 249.to 249.7.7. Suggest Suggest re-evaluating re-evaluatingthe the alignment alignment herehere toto reduce thethe number number of of crossings crossings fromfrom twotwo crossingscrossings toto one.one. If If the pipelinepipeline waswas moved moved slightlyslightly south thenthen it it would would reduce reduce from from two two crossings crossings to to one one crossing crossing of of UNT UNTto to Butterwood Creek.Creek.

Main ACP (AP-1)

•. The alternative routeroute resultsresults inin a a potentiallypotentially negligiblenegligible to improved outcome forfor thethe following following areas: •. MP 52.52.55 -- 152.7:152. 7: nono changechange inin length;length; movesmoves farther awayaway fromfrom Tiger SalamanderSalamander habitat •. MP 96.96.77 -- 98.1:98. 1: changechange from from 2.362. 36 miles miles toto 2.012. 01 miles miles == 0.350. 35 mile reduction •. MP 114.114.22 -115.- 115.3:3: changechange from from 1.621. 62 miles miles toto 1.481.48 miles miles == 0.140. 14 mile reduction •. MP 125.125.11 -- 125.4:125. 4: changechange from from 0.030. 03 miles miles toto 0.050.05 miles miles == 0.020. 02 mile increase •. MP 157.157.00 -- 157.4:157. 4: changechange from from 0.420.42 milesmiles to 0.580. 58 milesmiles = 0.0.1616 mile increase;increase; thethe longer route avoidsavoids significant amounts of forest corridorcorridor lossloss byby taking advantage ofof existingexisting openings •. MP 170.170.11 -- 170.8:170. 8: changechange fromfrom 0.780. 78 milesmiles to 0.990. 99 milesmiles = 0.0.2121 milemile increase;increase; changechange doesn'tdoesn't appear toto affectaffect resourcesresources aidingaiding water quality protection •. MP 292.292.88-293. - 293.4:4: nono changechange inin length

•. The alternative route resultsresults inin a potentiallypotentially negative outcome forfor the followingfollowing areas: •. MP 153.153.33 -154.- 154.0:0: minimalminimal change in length; movedmoved thethe pipeline routeroute to a river segment that willwill lose more riparian buffer •. MP 240.240.44 -- 240.240.8:8: nono significantsignificant mileage change;change; new route crosses over multiple channels instead ofof one andand isis also relocated intointo aa small forested wetlandwetland (( approximatelyapproximately 0.5-1.00. 5-1.0 acres may may have been drained drained between between 2009 2009 and and 2011per 2011per historic historic aerial aerial imagery) imagery)

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Eastern Spur Spur of ofACP ACP (AP-3)

•. The alternative routeroute resultsresults inin aa potentiallypotentially negligiblenegligible to improved outcome forfor the followingfollowing areas: •. MP 59.59.00 -— 59. 59.4:4: change change fromfrom 0.0.4040 milesmiles toto 0.0.4545 miles = 0.0.0505 mile increase; no significant water quality quality protective resources impacted •. MP 65.65.00 -— 65. 65.4:4: change change from from 0. 0.3939 milesmiles to to 0. 0.4040 milesmiles = = 0. 0.0101 mile mile increase; increase; movesmoves routeroute out and farther away away from wetlandswetlands and and riparian riparian bufferbuffer for an unnamed tributary of the Nansemond River River •. MP 68.68.44 -— 71. 71.8:8: nono significantsignificant mileagemileage changechange •. Mileposts 76.076.0 —- 76. 76.7:7: changechange fromfrom 0.0.6060 miles to 0.0.6767 miles = 0.0.0707 mile increase; minimal minimal change in impact toto resources •. The alternative route resultsresults inin a potentiallypotentially negative outcome forfor the following following areas: MP 71.71.3535 toto 71.71.6:6: TheThe proposedproposed newnew route route from from AP-3 AP-3 MP MP 71.3571. 35 toto 71.671. 6 putsputs the the ACP ACP closer to EastEast Ditch andand willwill notnot allowallow for for a a vegetated vegetated bufferbuffer betweenbetween the constructionconstruction rightright ofof way and a feeder ditch ditch toto Lake Lake Drummond. Either aa newnew adjustmentadjustment should be made, or itit should be moved northnorth toto allow allow for for atat least least 35 35 feet feet of of riparian riparian buffer. buffer. East East Ditch Ditch which which drainsdrains toto LakeLake Drummond, a Tier IIIIII Exception Exception Water, Water, and and warrant warrant heightened heightened erosionerosion andand sedimentsediment control practices. •. The proposed pipeline pipeline route route (Revision (Revision lib11b Centerline)Centerline) crossescrosses thethe headwaters ofof the the Lewis Lewis Creek watershed approximately approximately 1.75 1.75 miles miles upstream upstream of of a aten-mile ten-mile segment segment (305b (305b ID# ID# VAV-VAV- B12R_LEWO1A00)B12R_LEW01AOO) impaired impaired for for PCBs PCBs in in fish fish tissue tissue as as well well as as a a benthicbenthic and f.E. colicoil impairments, AP-1 betweenbetween MP 136.136.55 andand 137.137.8.8. While therethere areare no no documented documented PCB PCB sources along thethe proposed centerline, a minor route adjustment could reroute the pipelinepipeline construction outside ofof this headwater, reducingreducing the riskrisk of additional sedimentsediment entering the stream, potentiallypotentially exacerbating thethe benthic impairment. ApproximateApproximate alternative routes proposed inin Figure 1 wouldwould avoidavoid the the impairedimpaired watershedwatershed entirely.

Figure 1. Alternative routesroutes analyzed analyzed by by DEQ DEQ that that would bypass the Lewis Lewis Creek Watershed.Watershed.

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• The yellow routeroute remainsremains closestclosest toto thethe watershedwatershed boundaries and adds 0.80. 8 miles toto the pipeline project. TheThe violet violet routeroute follows follows a straighter pathpath as as it it bypasses bypasses the the Lewis Lewis Creek Creek watershed. It It adds adds 0.480. 48 miles miles to the pipeline. pipeline. • The pipeline route crosses the James River River betweenbetween Mileposts 184.6184. 6 and 184.8,184.8, a segment (impaired for PCBsand and Mercury Mercury in in fish fish tissue). tissue). TheThe route route appearsappears direct direct and near perpendicular to the river,river, minimizing disturbancedisturbance toto thethe riparian buffers onon eithereither side. NoNo known PCB sourcessources willwill be be disturbeddisturbed in this crossing. • The proposed construction route crossescrosses the the Meherrin Meherrin River River between MilepostsMileposts 286.3286. 3 and 286.5,286. 5, approximately 4.54. 5 milesmiles upstream ofofa27-mile a 27-mile segmentsegment impaired impaired for for PCBs PCBs and Mercury in fishfish tissue,tissue, asas wellwell as as forfor poorpoor dissolveddissolved oxygen. oxygen. TheThe proposedproposed crossing appearsappears direct and willwill minimize disturbance.disturbance. NoNo known known PCBPCB sourcessources will bebe disturbeddisturbed in the construction ofof this crossing. ■• The pipeline crosses a small tributarytributary at Milepost 63.63.66 andand a major section of the Nansemond River betweenbetween Mileposts 64.64.33 andand 64.64.8.8. The main stemstem ofof thethe river andand thethe tributary are impaired forfor PCBsPCBs inin fish fish tissue, tissue, asas wellwell asas Enterococcus,Enterococcus, fecalfecal coliformcoliform bacteria, dissolved

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oxygen, and aquatic plants. ThereThere are are no no known known sources sources of of PCBs PCBs that willwill be affected by the construction of the pipeline across thesethese two water bodies. •. The final milemile ofof thethe proposedproposed pipeline construction crosses the the Elizabeth Elizabeth River River between Mileposts 81.81.88 and 82.082.0 parallel to the Military Military Highway Highway drawbridge. drawbridge. The The river river is is impaired for PCBsin in fish fishtissue, tissue, as aswell well as as presence presence ofdioxinof dioxinand and poorpoor dissolveddissolved oxygen.oxygen. The route appears to avoidavoid documented pointpoint sourcessources inin this region; however, there is one opportunity to alignalign thethe pipeline routeroute better with with an an existing existing major power lineline easement.easement. ThisThis alternative route route will will decrease the pipeline pipeline by by approximately 0.050. 05 miles, andand reduce the lossloss of forested corridor by 1.1.3535 miles.miles. FigureFigure 22 illustratesillustrates anan alternativealternative routeroute thatthat takes advantage ofof the existing existing power line line easement that that the the ACP ACP route already already followsfollows in part.

Figure 2. AlternativeAlternative route route analyzed analyzed by by DEQ DEQ forfor ACP ACP near the Elizabeth Elizabeth River. River

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Recommendations:

• Wetland and Waterbody Construction and Mitigation Procedures - The "Procedures" do not state how how the the upstream upstream and and downstream downstream dams dams should should be be removed removed inin both of the open cut dry ditch methods (dam and pump and flume method). Precautions should be made to show that dam dam removal removal will will limit sedimentsediment introduction to waterways, and to to limitlimit scour when flow is restored.restored. • Section 2.3.3.1,2.3.3.1, Page Page 2-37 - States that waterbodies waterbodies willwill be crossed with temporary bridges that include include clean clean rock rock fill overover culverts,culverts, timbertimber matsmats supported by by flumes, railcar flatbeds,flatbeds, flexi floatfloat apparatuses, oror otherother types types of of spans. spans. In In sediment sediment TMDL TMDL watersheds,watersheds, PWSPWS waters,waters, Class VV and and VI VI waters, waters, sensitive sensitive fisheries/T&E fisheries/T&E waters/critical waters/critical habitat, habitat, andand benthicbenthic impairments all efforts should be made to minimallyminimally contactcontact thethe benthos (e.g., (e.g., railcarrailcar flatbeds, bottomlessbottomless culverts,culverts, etc.) • Section 2.3.3.1,2. 3. 3. 1, PagePage 2-37 - States that trenchtrench spoil spoil fromfrom waterbodywaterbody crossingscrossings would be placed on the banks banks aboveabove the the high high water water mark mark for for use use during during backfilling. backfilling. In In sediment sediment TMDL TMDL watersheds, PWS PWS waters, waters. Class Class V and VI waters, waters, sensitive fisheries/T&E waters/criticatwaters/critical habitat, and and benthic benthic impairments impairments spoil spoil should bebe placed placed a a minimumminimum of 10 feet away from the water's edge edge or or in in additionaladditional extra work areas with sediment barriers to prevent the flow flow of spoil or silt-laden water into into any any waterbody. waterbody. This This is is based based on on section section 9.4.2.4 9.4. 2.4 of of Appendix Appendix G (Construction, Operations, and and Maintenance Maintenance Plans), Plans), which which is is established established for for NFS NFS lands. • Section 2.4,2.4, PagePage 2-44 - States "Work would be conducted during daylight hours, exceptexcept at stream crossings,crossings, finalfinal tie-in welds, and where the the pipe pipe is is being being installed installed usingusing the the HDD HDD or bore methods..." methods..." AllAll effortsefforts shouldshould bebe made to minimize thethe night time work on stream crossings soso thatthat proper inspection and spill/water quality issues cancan bebe bestbest observed. • Section 2.5.62. 5. 6 "Post-Construction "Post-Construction Monitoring", Page 2-51 - Does not have any water quality monitoring recommendations. And And in thethe RestorationRestoration and RehabilitationRehabilitation Plan Plan [Rev 4 4- — 1/10/17]1/10/17} on page 29 Section 8.8.11 "Monitoring" says nothing about water qualityquality or riparianriparian habitat which should be considered for monitoring. • Section 4.4.3.2.2,3.2. 2, PagePage 4-89 - States that somesome ofof the the major major waterbody waterbody crossing crossing designdesign specifications and crossing locationslocations havehave changedchanged since thethe most recent site-specific site-specific drawings werewere submitted, and site-specific constructionconstruction andand restorationrestoration measures have not been incorporatedincorporated into into the the plans. plans. Accordingly, Accordingly, FERCFERC recommendsrecommends that Atlantic file withwith thethe Secretary for reviewreview the updatedupdated plans. plans. VADEQ VADEQ recommends recommends thatthat Atlantic alsoalso shareshare thosethose site-specific plansplans withwith VADEQVADEQ for for review review and and comment.comment. • Section 4.3.2.2,4. 3. 2. 2, PagePage 4-92 - Discusses thethe stream crossingscrossings by Cathodic Protection Systems and notes notes that that they they will will likely likely bebe donedone with thethe flume or dam and pumppump dry crossing method if flowflow isis presentpresent inin thethe ephemeralephemeral or intermittent streams.streams. There There is is no no mention mention of of following following the "Procedures.""Procedures. " TheseThese stream crossingscrossings should follow thethe "Procedures" • Appendix GG -— Draft Draft Construction, Construction, Operations, Operations, andand Maintenance PlansPlans — - AugustAugust 20162016 (applies to to NFS NFS lands) - Page 20 (G-30) inin sectionsection 2.1.92. 1.9 it states "ATWS "ATWS will will bebe requiredrequired on both sides of waterbody crossings toto stagestage constructionconstruction equipment, fabricate the pipeline,pipeline, and store store construction construction materials. materials. Except Except as as authorized authorized by by the the FERC FERC andand the the AO, AO, the the ATWS ATWS will bebe located atat least 100 feet feet away from thethe water's edge edge at at each each waterbody waterbody onon NFS NFS lands."lands. " This is alsoalso recommendedrecommended inin sediment sediment TMDL TMDL watersheds.watersheds, Class Class V V and VI waters,waters, sensitive fisheries/T&Ewaters/critical waters/critical habitat, habitat, andand benthicbenthic impairmentsimpairments thatthat are in and out of NFS lands.lands.

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• Stream and Wetland Crossing Crossing Procedures - Chapter 9 addresses waterbodywaterbody crossingscrossings in in National Forest lands. TheThe samesame precautionsprecautions shouldshould alsoalso bebe appliedapplied toto waterswaters in sedimentsediment TMDL watersheds. watersheds, ClassClass VV and and VI VI waters, waters, sensitive sensitive fisheries/T&E fisheries/T&E waters/critical waters/critical habitat,habitat, and benthic impairments. Particularly Particularly those items listedlisted inin section 9.4.29.4. 2 with emphasis on 9.4.2.3,9.4.2. 3, 9.4.2.5,9.4.2. 5, 9.4.2.8,9.4. 2. 8, 9.4.3, 9.4.3, 9.4.49.9.4.4,4.4, , 9.4.2.89.4.2.89.4. 2.8 asas these these are are the the mostmost most specifically specifically enhancedenhanced compared to the "Procedures.""Procedures."

Corrections:

• On page 4-97 sectionsection 4.4.3.2.53. 2.5 itit statesstates that the 303(d) 303(d) listlist used was the 2012,2012, the 2014 2014 303(d) 303(d) list should be used. The DEISDEISalso also lists lists the the impairments impairments crossedcrossed on thisthis page but missed: missed: Total Total Phosphorus (VAT-G14L_NWBO2A08), (VAT-G14L_NWB02A08), EnterococcusEnterococcus (VAT-G13E_NANO3A06; (VAT-G13E_NAN03A06; VAT-VAT G13E_WBNO1A06),G13E_WBN01A06), AquaticAquatic Plants (Macrophytes) (Macrophytes) (VAT-G13E_NANO3A06; (VAT-G13E_NAN03A06; VAT-VAT- G13E_WBNO1A06;G13E_WBN01A06; VAT-G13E_ZZZO1A00),VAT-G13E_ZZZ01A00),VAT-G13E_ZZZ01AOO), Dioxin Dioxin (including(including 2,3,7,8-TCDD)2, 3, 7, 8-TCDD) (VAT- (VAT- G15E_SBE02A06) • On page 4-97 in sectionsection 4.4.3.2.53. 2. 5 itit discussesdiscusses publicpublic surface surface water water intakesintakes andand waterwater protection areas byby considering 33 milesmites up from the intakeintake beingbeing the the cutoff. cutoff. In In Virginia Virginia we use a 5 mile upstream cutoff cutoff toto designate designate the the Public Public WaterWater SupplySupply (PWS) (PWS) Use Use (9VAC25-260-390 (9VAC25-260-390 through through 9VAC25-260-540). Table 4.4.3.2-43. 2-4 corrections:

• The Rockfish RiverRiver PWS PWSwater water is is not not actually actually crossedcrossed asas thatthat PWS PWS intake exists on a smallsmall tributary toto thethe Rockfish Rockfish River and and notnot 33 milesmiles (or(or 5) 5) downstream downstream ofof thethe crossedcrossed waterswaters • The 7 waters crossed crossed by by the the pipe pipe including including CohoonCohoon Creek Creek and and Eley Eley SwampSwamp TributaryTributary to Lake Lake Cohoon, and a number of unnamed unnamed tributaries tributaries are are PWS PWS waterswaters draining draining toto the the City City of Portsmouth PWSPWS intake. Crossings includeinclude between:between: AP-3AP-3 MP 55.355. 3 && 55.4,55. 4, AP-3AP-3 MP 56.56.11 && 56.2,56.2, AP-3 AP-3 MP 56.256. 2 & 56.3,56.3, AP-3 MP 56.56.44 & 56.56.5,5, AP-3 MP 56.56.77 & 56.56.8,8, AP-3 MP 57.57.55 & 57.57.6,6, AP-3 MPMP 57.57.88 & 58.58.11 (3 crossings) • The crossing of thethe Middle River PWSPWSsegment segment thatthat drains to the City City ofStaunton'sof Staunton's PWS PWS intake shouldshould be be included included withwith with thethe the crossingcrossing crossing ofof ofJennings JenningsJennings BranchBranch Branch (VAV-B11R_JENO1A00)(VAV-B11R (VAV-B11RJEN01AOO) JENO1A00) at AP- AP- 11 MPMP 129.2 • The unnamed tributary tributary (VAT-G14R_ZZZ01A00) (VAT-G14R_ZZZ01AOO)that that drains drains toto Lake PrincePrince wherewhere the City City of Norfolk PWS intake intake isis shouldshould bebe included with LakeLake Prince since it is crossed atat AP-3 AP-3 MP 59.4 • The unnamed tributarytributary (VAT-G14R_ZZZO1A00)(VAT-G14R_ZZZ01A00) (VAT-G14R_ZZZ01AOO) that that drains drains to to the the WesternWestern Branch Reservoir where thethe City City of NorfolkNorfolk PWS intake intake isis should should bebe includedincluded withwith thethe Western BranchBranch Reservoir since it is crossedcrossed between AP-3AP-3 MPMP 62.762. 7 & 62.8 • Spatial Data -API:- AP1: 255.255.3-255.7:3-255.7: PipelinePipeline is is intersecting intersecting an an intermittent intermittent streamstream twice thatthat drains to ButterwoodButterwood Creek; Creek; it is not shown in the waterbody crossing crossing layer.

Water Quality Monitoring PlanPlan

The scope of thisthis plan doesdoes not address water quality quality monitoring comprehensively for thethe project. The final or supplemental EIS EIS should should includeinclude aa requirementrequirement forfor a comprehensive Water Water Quality Quality Monitoring Plan that describes describes how how water quality quality monitoring monitoring will bebe conductedconducted before, during project construction and up to fivefive years after construction is is completed. The The Plan Plan should should focus focus on on identifying identifying an appropriate number number of of monitoring monitoring locations locations above above and and below below where where open open trench trench crossing crossing or or HDD HDD are

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used in critical areasareassuch such as aswild/stocked wild/stocked trout trout streams, streams, endangered/threatened endangered/threatened speciesspecies waters, public public water supply, supply, TMDLTMDL watersheds. watersheds, TierTier 33 streams,streams, areas near near acidic acidic soils soils and streams streams with with high high Virginia Virginia Stream ConditionCondition Index (VSCI) scores. scores. The The Plan Plan should should consider consider real-time real-time temperature, temperature, dissolveddissolved oxygen and turbidity monitoringmonitoring (such (such as as that that done done in in VA VA by by USGS) USGS) whichwhich couldcould allow thethe public and allall agencies involved toto accessaccess the the data real-time.real-time. Additionally, Additionally, collection ofof macroinvertebrates, fish, fish, and habitat datadata using using VDEQVDEQ methods methods aboveabove and below identified crossings during during the the project and yearly for 5 years after completion of thethe project.

Stormwater -- ErosionErosion andand Sediment Sediment Control Control (ESC) (ESC)

DEQconsiders considers stormwaterstormwater management andand ESC ESC measures to be be critically critically important to to minimizing minimizing potential waterwater quality quality impactsimpacts from from thethe ACP ACP project. TheThe ACP ACP projectproject includesincludes areasareas of special interestinterest such as karst, steep slopes, slide proneprone areasareas and acid sulfatesulfate soils.soils. ProperProper stormwaterstormwater management and ESC ESCdesign, design, implementation implementation and and monitoringmonitoring willwill be be paramount paramount inin protecting protecting thesethese resources.

The ESC procedures procedures containedcontained in the DEISare are notnot representativerepresentative ofof the full full scopescope of of Virginia's Virginia's requirements forfor stormwater stormwater and and ESC. ESC. DEQ DEQ has has required required submission submission of of site site specific specific ESC ESC plans toto be reviewed and approved priorprior to to land land disturbing disturbing activity. activity. TheseThese ESC ESC plansplans willwill be be expected expected toto meetmeet and exceed Virginia's requirementsrequirements particularly in areasareas of special interest.interest.

Recommendation:

• The final EISshould should include include a a requirement requirement for an Acid Soil Mitigation Plan. DEQcautions cautions thatthat exposing these these soils toto thethe atmosphere through through open open trenching trenching operations operations could could result result in in acidic acidic runoff and make revegetation difficult.difficult. DEQDEQ recommends HDDHDD toto thethe maximum extentextent practicable in thesethese areas. TheThe PlanPlan should address how these areas will will be managed, the disposition of acid soilssoils and and detailsdetails regardingregarding properproper storagestorage and disposal practices. • Presence of acid acid sulfate soils soils along along the the Atlantic Atlantic Coast Coast Pipeline project:

Main LineLine Areas with sulfides documenteddocumented in literature, howeverhowever thethe risk risk isis unknown:

Mileposts 123.7-124.0,123. 7-124. 0, 140.5-141.4, 140. 5-141. 4, 142.0-143.2,142. 0-143. 2, 155.5-155.8,155. 5-155. 8, 156.5-157.0,156. 5-157. 0, 157.2-158.7,157. 2-158. 7, 161.0-161.0- 161.9,161.9, 175.0-177.1,175.0-177. 1, 180.8-181.3,180.8-181.3, 200.8-203.6200.8-203.6

Moderate-high risk: risk: PPA PPA 10-6010-60 MgMg Mg CaCO3/1000 CaC03/1000 Mg: Mileposts 87.87.1-87.4,1-87.4, 90.9-92.1,90.9-92.1, 97.4-98.0,97.4-98.0, 101.7-102.2,101.7-102.2, 103.6-105.2,103.6-105.2, 108.3-110.5,108.3-110.5, 114.9-115.4,114.9-115.4, 122.6-122.9122.6-122.9

Lateral

Areas with sulfidessulfides documenteddocumented in literature, howeverhowever the the risk risk isis unknown:

Mileposts 13.5-17.6,13. 5-17. 6, 18.2-19.5,18. 2-19. 5, 28.3-32.2,28. 3-32. 2, 64.2-64.8,64. 2-64. 8, 81.7-81.981. 7-81.9

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Moderate-high risk:risk; PPA PPA 10-60 Mg CaCO3/1000CaC03/1000 Mg: Mileposts 55.55.2-55.6,2-55.6, 55.8-56.5,55.8-56.5, 57.4-58.1,57.4-58.1, 60.5-61.3,60.5-61.3, 61.9-62.761.9-62.7

Low-Moderate risk:risk: PPA PPA <10 Mg Mg CaCO3/1000 CaC03/1000 MgMg and and %S%S <0.5:<0. 5: Mileposts 34.3-38.1,34.3-38. 1, 38.5-39.3,38.5-39.3, 65.0-66.5,65.0-66.5, 69.9-71.5,69.9-71.5, 72.6-73.572. 6-73.5

Water UseUse forfor Hydrostatic HvdrostaticHydrostatic Testing Testing and and DustDust Dust Control Control

Recommendations:

•. Water WithdrawalsWithdrawals for Hydrostatic Testing ofof waterwater tight containers, pipelines,pipelines, and vesselsvessels from non-tidal waters are are excluded excluded from from a a permit permit under under VWP VWP regulations regulations (9VAC25-210-310.A.6) (9VAC25-210-310. A. 6) regardless ofof the volume volume withdrawn. withdrawn. However, However, 9VAC25-210-310.B 9VAC25-210-310. B allowsallows thethe Board toto require aa permit if thethe withdrawal is foundfound toto cause an impairment, impairment, adversely adversely affect beneficial uses, or violate water quality standards. •. To avoidavoid anan adverseadverse effect effect oror impairment, the withdrawals for hydrostatic testing should be managed so that: o No moremore thanthan 10% ofof thethe instantaneousinstantaneous flow rate from the channel isis removed; o The intake screens shall bebe designeddesigned soso thatthat screen openings are not largerlarger than 1 1 millimetermillimeter and; o The screen face intake velocities velocities areare notnot greatergreater than than 0.0.2525 feetfeet per second.

•. Provide a discussion in thethe EISof of what what stepssteps Dominion andand itsits contractorscontractors will taketake during thethe hydrostatic testingtesting toto meet the requirements listed listed above. •. Recommend that ACP ACP or its contractors notify notify DEQ-OWS DEQ-OWS prior prior (within(within 6060 days)days) toto thethe withdrawals for hydrostatic testing testing to to make make DEQ-OWS DEQ-OWSaware aware ofof whenwhen andand wherewhere withdrawals are to occur occur and and advise advise the contractors contractors of of any any restrictions restrictions due due to to low low flow flow or drought conditions in thethe area. •. EISstates states thatthat Dominion wouldwould withdrawwithdraw waterwater for for hydrostatichydrostatic testing testing generallygenerally betweenbetween August and October. SinceSince this this period period coincides coincides with with the the typically typically lowest flow period for nearly all stream channels,channels, DEQ DEQ recommends recommends that Dominion Dominion adjust this this timing timing to coincide with higher streamflow periodsperiods ifif possible. •. Provide an assessment inin the EIS EIS of of thethe river flowsflows wherewhere withdrawalswithdrawals forfor hydrostatichydrostatic testingtesting are proposed withwith a a discussiondiscussion of of how how the the withdrawals withdrawals will will affect affect flows, flows, particularly particularly duringduring low low flow or drought conditions. •. Explain ifif any any water water withdrawals withdrawals maymay affect affect downstreamdownstream water users, users, particularly particularly duringduring low flow periods. BelowBelow is a list ofof thethe knownknown withdrawalswithdrawals downstreamdownstream ofof thethe hydrostatic testing withdrawals: o Spread 3A 3A 2.2.88 Back CreekCreek (MP(MP 87. 87.2)2) DominionDominion Bath Bath County Facility downstreamdownstream o Spread 55 3.23. 2 Jennings Branch (MP 129.129.2)2) StauntonStaunton Water withdrawal, Gardner Spring Spring o Spread 6 6 6.56. 5 AppomattoxAppomattox River River (MP (MP 220.8)220.8) Chesdin Lake isis downstreamdownstream o Spread 66 8.58. 5 JamesJames River River (MP 184.184.7)7) DGIF Wildlife Wildlife Management Management downstream downstream o Spread 11 11 0.1 0.1 Western Branch Branch Reservoir Reservoir (MP (MP 62.4)62.4) LakeLake Prince and Reservoir Reservoir

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• IfIf directdirect withdrawals withdrawals from fromfrom groundwater groundwater groundwater or oror surface surfacesurface water waterwater sources sourcessources areare neededneeded forfor hydrostatic testing that,that, during duringduring any any single single day,day, exceedsexceeds 10,000 10,10,000000 gallons gallonsgallons per perper day, day,day, Dominion DominionDominion must must comply complycomply withwith 9 VAC 25-200 25-20025-200 Virginia Virginia WaterWater Water Withdrawal WithdrawalWithdrawal Registration Registration andand Reporting. • Provide a discussion ofofof whatwhat stepssteps willwill bebe takentaken byby DominionDominion andandand itsits contractorscontractors duringduring thethe withdrawals toto ensure ensureensure thatthat thesethese requirements are met.

Water Use Use in General •. Groundwater andand surface surface water waterwater withdrawals withdrawals inin Virginia Virginia areare depicteddepicted inin thethe mapmap below.below. ItIt isis evident the pipelinepipelinepipeline willwill bebe inin closeclose proximity toto many manymany of of thesethese sources.sources. DominionDominion should communicate with water withdrawers regarding regarding the the construction, waterwater withdrawal,withdrawal, andand otherother activity thatthat maymay impact the facilities.facilities.

eve

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Current Withdrawals o 1 MGD1 MOD and and and less less ❑a 1 MGD tolo 5 MGDMGD <> 5 55MGDto25MGDMGD MGD toto 25 25 MGD MGD 0 25 25 MGD MGD MGD to to 50 50 MGDMGD MGD 111 5050 MGD MGDMGD and and greater greater - AcP_Reolo_centerineACP_Revllb_CenterluneACP Refllb Centerline

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Environmental AnalysisAnalysis -— Geology Geology (section (section 4. 4.1,4.1,1, pdf187-190/742): pdfOf 187-190/742):187-190/742):

•. Blasting hashas thethe potentialpotential to includeinclude permanent alteration ofof groundwater flow patterns patterns andand yields yields of nearby wells or springs. Temporary effects to wellswells and springs couldcould potentiallypotentially extend outside the currentcurrent 500500 ftft karstkarst investigationinvestigation buffer.buffer

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Environmental Analysis - — Water WaterResources Resources (section (section 4.4.33 pdfpdf 247-269/247-269/ 742):

•. Consideration shouldshould be be given given to to moving moving the the staging staging area area / construction/ construction site site (Facility (Facility CY CY GWNF-6GWNF-6 Spr 04-A) furtherfurther north and away from the sinkingsinking portion of HamiltonHamilton Branch thatthat is believed to have a direct connectionconnection to to the the municipal municipal water water supply supply for for the the Town Town of of Deerfield. Deerfield.

•. The pipeline's route through through Augusta Augusta County County karst karst passes passes in in proximity proximity to several several significantsignificant springs and municipal municipal supplysupply wells wells including including Gardner Gardner Spring Spring — - City ofof Staunton,Staunton, Town ofof Churchville Churchville Wells - ACSA, Lyndhurst-ACSA. Lyndhurst — ACSA. ACP ACPshould should monitor monitor construction construction activities activitiesclosely closely in in these these areasareas to to minimize anyany potentialpotential impacts.

•. Appendix H H HDDHDD PlansPlans —- H3 H3 Site Site Specific Specific Horizontal Horizontal DirectionalDirectional Drill PlansPlans (Vol 2,2, AppendixAppendix H3 odfpdf 222/222, 276):276): The HDD plan plan and and profile profile at at ReedsReeds Gap Gap illustrates illustrates the the locationlocation andand depthsdepths of a horizontal directional drilling boreholeborehole in highly foliatedfoliated CatoctinCatoctin FormationFormation throughthrough thethe crest of the Blue Blue Ridge. Although Although test test drillingdrilling in in the the area area indicates indicates the the presencepresence ofof solidsolid rockrock near near the the entranceentrance and exit of thethe borehole, there isis potential to drilldrill through transmissive fracturesfractures andand intercept groundwater movingmoving along strike through separations alongalong foliation, and through joints and fault related fractures. The diameter, depth, and and length length of of the the boring boring is is sufficient toto potentially interceptintercept groundwater fromfrom multiple multiple and and distinct distinct fractured fractured rock rock groundwatergroundwater flowflow systems systems with with hydraulic hydraulic heads in in excess of the HDD HDD ingressingress andand egressegress elevations.

•. A contingencycontingency planplan shouldshould bebe inin placeplaceto to addressaddress the the potential for the introduction introduction of of aa significantsignificant quantity ofofgroundwater groundwater into into thethe HDD HDD boreholeborehole in casecase transmissivetransmissive fracturesfractures areare encounteredencountered during drilling. The The plan plan should should describe describe how how the the boreholeborehole willwill be be de-watered de-watered andand wherewhere removed groundwatergroundwaterwill will be routed and discharged for the duration of construction.

•. Resource Report 2 —- WaterWater Use andand Quality (Table 2.2.1.1-1,1. 1-1, pdfpdf 12,12/ 165): ReportedReported valuesvalues forfor range of depth to to aquifer aquifer and and range range in in well well yield yield for for Piedmont Piedmont and and Blue Blue Ridge Ridge Crystalline Crystalline RockRock Aquifers are not accurate inin this table. There are manymany aquifers (transmissive fractures) below 300 feet in the Piedmont and Blue Blue Ridge. WellWell yieldsyields of of 100gpm areare fairly commoncommon andand frequently well outside the listed listed range range of of 15 15 to 3030 gpm. Recommend additional literature search to provide more realistic numbers.

Review ofof AtlanticAtlantic CoastCoast PipelinePipeline WaterWater Well and Spring Testing Program:

•. The water well and spring testingtesting program should document waterwater well well sampling methodology, quality control procedures, and sampling sampling frequency that will be used in Virginia.Virginia. TheThe plan plan should include notification ofof DEQDEQwhen when a agroundwater groundwater impact impact has has been been reportedreported oror suspected.suspected. • A final,final, georeferenced georeferenced compilation of well and spring sampling results should be provided provided toto DEQ's DEQ's Groundwater Characterization Program. •. Please clarify ifif wellwell yield yield testing testing willwill be be performed performed andand ifif soso provideprovide detailsdetails onon procedures.procedures. •. Bedrock wells wells withinwithin 200200 feetfeet of blasting activities should should be monitored for for any any significantsignificant shifts in in static water-level and/ or or turbidity turbidity beforebefore and and after after blasting blasting occurs. occurs. YieldYield and water chemistry should be re-evaluated if if sudden changes in waterwater level oror turbidityturbidity occuroccurthat that can'tcan't bebe attributedattributed to recent precipitation.

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•. (ACP(ACP RechargeRecharge Elevations ElevationsElevations Map): Map): Map): InIn In orderorder order forfor for water water supply supply wells wells to be to used be used as aa meaningful meaningfulas a meaningful depthdepth depth to waterwater reference referencereference in in in the the the coastal coastal coastal plain, plain, groundwater groundwater elevationselevations elevations should should be restricted be restricted to usingusing to only using only shallow wells wells screened screened inin inthethe the uppermost uppermost unconfined unconfined surficial surficial aquifer. aquifer. WellWell Tract TractWell ##Tract 26-013-A03926-013-A039 # 26-013-A039 appears to toto show show a a waterwater water level level elevation elevation of 89.8 89.of 89.88 Ft belowFt below sea sea level,level, level, indicatingindicating indicating that that it that is likely it is likely completed in in a a confined confined aquifer aquifer that that is not is not in communication in communication withwith the with surficial the surficial aquifer. aquifer. •. Sampling ofof of supply supply wellswells wells inin theinthe the coastal coastal plainplain plain shouldshould should bebe constrainedconstrained be constrained to to wellswells to open openwells toto open thethe uppermost to the uppermost unconfined aquifer. aquifer. Wells Wells Wells completed completed completed in in the inthe theconfined confined confined aquiferaquifer aquifer systemssystems systems of of the the ofcoastal coastal the coastal plain are plain are extremely unlikely unlikely to to bebe be impacted impacted by by pipeline pipeline activities. activities.

Land andand WasteWaste

The DEIS indicates indicates thatthat that solidsolid solid and and hazardous hazardous waste waste issues issues werewere were addressed addressed andand that thatand a that search a search of Federal of Federal and StateState environmentalenvironmental databases databases databases was was conducted. conducted. DEQ DEQ staff staff staff with with with Geographical Geographical Information Information SystemsSystems Systems and otherother tools tools conducted conductedconducted a a 1.0a 1. 1.0 0mile mile mile radius radius radius search search search of ofCERCLACERCLA of CERCLA sites,sites, sites, Federal Federal Federal Facilities Facilities Facilities and and RCRA RCRA and RCRA Corrective Action Action databasesdatabases databases in inaddition addition toto a ato 0.50. a5 0.5milemile mile radius radius radius search search search of hazardoushazardous of hazardous waste, waste, solid waste, solid waste, Virginia Remediation Remediation Program Program andand and petroleumpetroleum petroleum databases databases for for sitessites for sitesalong along along the the entire entire the entire projectproject project corridorcorridor corridor in in Virginia. Staff Staff identified identified one one hundred hundred twenty twenty sites sites sites within within the the search search the search parameters parameters which may which impact may the impact the project activity. activity.

RCRA Corrective Corrective Action Action Action Facilities Facilities Facilities - —one —one withinone within within 1. 1.00 mile 1.0mile proximitymile proximity proximity to to the the to project project the project corridorcorridor corridor

•. VAD003178126, RoysterRoyster Co., Co., 100 100 Pratt Pratt Street, Street, Street, Chesapeake, Chesapeake, Chesapeake, VA VA 23324 23324

CERCLA Sites SitesSites - —two— twotwo within within within 1. 01.0 1.0mile mile mile proximity proximity proximity to to the the to project theproject project corridorcorridor corridor

•. VAD002352151, Eppinger & & Russell RussellRussell Co. Co. Inc., Inc., 40104010 4010 Buell Buell StreetStreet Street Money Money Point, Point, Point, Chesapeake, Chesapeake, Chesapeake, VA VA 23324. Not on on thethethe NPL. NPL. •. VAN000306937, Money Point Point Creosote CreosoteCreosote Site, Site, Site, 4010 4010 4010 Buell Buell Buell Street, Street, Street, Chesapeake, Chesapeake, Chesapeake, VA VA 23324.23324. 23324. Not Not on on the NPL.NPL.NPL. Hazardous Waste-twenty-three Waste—twenty-threeWaste—twenty-three within within within 0.0.55 0.5 milemile mile proximityproximity proximity toto thethe to project projectthe project corridorcorridor corridor

•. VAR00511287, Certified Auto AutoAuto Body BodyBody Collision Collision Collision Repair, Repair, Repair, 1350 1350 1350 Lee Lee Lee Jackson Jackson Highway, Highway, Staunton, Staunton, VA VA 24402. Small QuantityQuantity GeneratorGenerator Generator (SQG) (SQG) (SQG) •. VAD017573445, HersheyHershey ChocolateChocolateChocolate USA, USA, USA, Route Route 608, 608, Stuarts Stuarts Draft, Draft, Draft, VA VA VA 24477. 24477. 24477. SQGSQG SQG •. VAD010031284, Hollister Inc. Inc.Inc. Plant, Plant, Plant, RouteRoute Route 608,608, 608, Stuarts Stuarts Stuarts Draft,Draft, Draft, VA VA VA 24477. 24477. 24477. SQGSQG SQG •. VAD046977187, Nibco StuartsStuarts Draft Draft Div., Div., Div., Route Route Route 909 909 Johnson Johnson Street, Street, Stuarts Stuarts Draft, Draft, VA 24477. VA 24477. SQG •. VAR000016147, Target Target Distribution DistributionDistribution Center Center Center T0560, T0560, 345 345 Mount Mount Vernon Vernon Vernon Road, Road, Road, Stuarts Stuarts Draft, Draft, VA VA 24477, SQGSQG •. VAD981108798, Atlantic Pole PolePole & && Piling PilingPiling — - — Virginia,Virginia, Virginia, 21366 21366 General General Thomas Thomas Highway, Highway, Newsoms,Newsoms, Newsoms, VA VA 23874. Large QuantityQuantityQuantity Generator Generator (LQG) (LQG) (LQG) •. VAD121829337, Automatic Transmission TransmissionTransmission Exch, Exch, Exch, 270 270 270 Wilroy Wilroy Wilroy Road, Road, Road, Suffolk, Suffolk, Suffolk, VA VA 23434, 23434,VA 23434, SQGSQG SQG •. VAR00530444, Lake Gaston GastonGaston Water Water Water Treatment,Treatment, Treatment, 5416 5416 West West Military Military Highway, Highway, Highway, Chesapeake, Chesapeake, Chesapeake, VA VA 23321. SQGSQG •. VAD175358068, Vanwin CoatingsCoatings Inc., Inc., Inc., 2601-A 2601-A 2601-A TradeTrade Trade Street, Street, Street, Chesapeake, Chesapeake, Chesapeake, VA VA VA 23323.SQG 23323. 23323.SQGSQG •. VAR000502476, 7-117-11 #32868, #32868, 27002700 Yadkin Yadkin Road,Road, Road, Chesapeake, Chesapeake, VAVA VA 23323. 23323. 23323. SQG SQG SQG

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• VAR000524967, CVSCVS Pharmacy Pharmacy #10013, #10013, 29812981 SouthSouth Military Highway, Chesapeake,Chesapeake, VAVA 23323, LQG • VAD087337820, Astro Astro PakPak Corporation,Corporation, 1624 Steel Steel Street, Street, Chesapeake, Chesapeake, VA VA 23323. 23323. LQG LQG • VAD86294493, ChesapeakeChesapeake Energy Center, 27012701 Vepco Vepco Street, Chesapeake, Chesapeake, VA VA 23323. 23323. SQG SQG • VAD988192167, Chesapeake Chesapeake LNG LNG Plant,Plant, 2700 Vepco Street, Chesapeake, Chesapeake, VAVA 23320. 23320. SQG SQG • VAD988227385, Case Case PowerPower & Equipment, 4550-A Bainbridge Boulevard, Chesapeake, VAVA 23327. SQGSQG • VA0000309138, Virginia Natural Gas, 2500 South Military Military Highway, Highway, Chesapeake, VA VA 23320. 23320. SQG SQG • VAD988215703, Fast Fare Inc.Inc. T/A Crown VA-520, 43174317 Bainbridge Boulevard, Portlock,Portlock, VA VA 23324. SQGSQG • VAD000737346, Safety-KleenSafety-Kleen SystemsSystems Inc., 45454545 Bainbridge Boulevard, Chesapeake, VAVA 23320.23320. LQG/Treatment StorageStorage Disposal Disposal Facility Facility (TSDF) (TSDF) •. VAR000524967, CVS Pharmacy Pharmacy #10013,#10013, 2981 S. S. MilitaryMilitary Highway,Highway, Chesapeake, VA VA 23323. 23323. LOGLQG •. VAD988198511, Amoco #60522-Tanks,#60522-Tanks, 2155 Military Military Highway, Highway, Chesapeake, VA VA 23320. SQG SQG •. VA0000605493, Chesapeake Chesapeake Fire Station #2, 12051205 Freeman Freeman Street, Street, Chesapeake, Chesapeake, VAVA 23324. 23324. SQGSQG • VAR000013383, Marine and Industrial Industrial Coatings, Coatings, LLC, LLC, 3925 S. Military Highway, Chesapeake, VA VA 23321. SQG SQG • VAR000521237, PreconPrecon Marine, Inc., Inc., 1401 Precon Precon Drive, Drive, Suite Suite 102, 102, Chesapeake, Chesapeake, VAVA 23320. 23320. SQG SQ.G

The above informationinformation relatedrelated to to hazardous hazardous wastes, wastes, RCRA/CERCLA RCRA/CERCLA sites sites can can bebe accessedaccessed from EPA'swebsites websites at at httDS://www3.https://www3.epa.gov/enviro/,eoa.gov/enviro/, https://rcrahttDS://rcrainfopreprod. infoore prod.epa.gov/rcraeDa. Bov/rcrainfoweb/action/main-menu/viewand infowe b/action/ma in-men u/view and https://www.epa.gov/suoerfundhttps://www.epa.gov/superfundhttps://www.epa.Bov/suDerfund

Formerly UsedUsed Defense Defense Sites Sites (FUDS) (FUDS) -two— two within within 1. 1.00 mile mile proximity proximity to to the the projectproject corridorcorridor

•. St. Julien's Creek Creek Annex, Annex, Magazine Magazine Road, Road, Chesapeake, Chesapeake, VA VA 23323. 23323. NPL. NPL. •. Fort Pickett, Darvills Darvills Road, Blackstone, Blackstone, VA VA 23824. Not Not on on NPL. NPL.

Solid Waste —- eleven eleven within within 0. 0.55 mile mile proximity proximity to to the the projectproject corridor ()0

•. SWP 585, Augusta RegionalRegional Landfill, 749749 Christian Creek Road, Staunton, VAVA 24401. Active Sanitary Landfill Landfill •. SWP 021,021, Jolivue Landfill, 749 749 Christian Christian CreekCreek Road,Road, Staunton, Staunton, VA 24401, 24401, PostPost closureclosure Unit #17#17. Closed Sanitary Landfill Landfill •. SWP 021, Jolivue Landfill, 749 749 Christian Christian CreekCreek Road,Road, Staunton, Staunton, VA 24401, 24401, PostPost closureclosure Unit #1. Closed SanitarySanitary Landfill Landfill •. SWP 484, SPSA-BoykinsTransfer Transfer Station,Station, 18449 General Thomas Thomas Highway, Highway, Boykins, Boykins, VA VA 23827.23827. Active TransferTransfer Station •. PBR 596,596, MilitaryMilitary Highway RecyclingRecycling Center Center MRF, 5300 5300 WestWest Military Highway, Chesapeake, VA VA 23321. Active Active Material Recovery Recovery Facility Facility •. SWP440, Dominion -- ChesapeakeChesapeake Energy Center, Center, 2701 Vepco Street, Chesapeake,Chesapeake, VAVA 23323. Inactive IndustrialIndustrial Landfill Landfill •. SWP481, Dominion -- ChesapeakeChesapeake Energy Center,Center, 2701 Vepco Street, Chesapeake,Chesapeake, VA VA 23323. Closed Industrial LandfillLandfill -- NotNot ConstructedConstructed

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• SWP 474,474, Atlantic Aggregate Recyclers, 2501 South MilitaryMilitary Highway,Highway, Chesapeake, VAVA 23324. Closed InertInert Landfill Landfill • PBR 619, 619, SelectSelect RecyclingRecycling Waste Waste Services,Services, Inc.,Inc., 15001500 SteelSteel Street,Street, Chesapeake,Chesapeake, VA VA 23323. ActiveActive Material RecoveryRecovery FacilityFacility • PBR554, 554, Tidewater Tidewater GreenGreen Corporation,Corporation, 1500 Steel Street, Street, Chesapeake, Chesapeake, VAVA 23323. Clean Clean Closed Closed • PBR 078,078, Safety-KleenSafety-Kleen Systems Systems Incorporated, Incorporated, 4545 BainbridgeBainbridge Boulevard,Boulevard, Chesapeake, VA VA 23323. CleanClean ClosedClosed

Virginia RemediationRemediation ProgramProgram (VRP)(VRP) -— four four within within 0. 0.55 mile mile proximity proximity to to the the projectproject corridorcorridor

•. VRP00278, GE GETidewater TidewaterService Service Center, Center, 26012601 TradeTrade Street,Street, Chesapeake, VAVA 23323. 23323. Industry •. VRP00186, NorfolkNorfolk Steel,Steel, 15001500 SteelSteel Street,Street, Chesapeake, VAVA 23323. •. IndustryVRP00470,lndustryVRP00470, Chesapeake PropanePropane Two-Acre Two-Acre Site,Site, 2516 2516 Military Military Highway,Highway, Chesapeake, VA VA 23320. Land Land Disposal Disposal •. VRP00386, SteuartSteuart Investment CompanyCompany SiteSite (aka (aka Borden Borden Smith Smith Douglas), Douglas), 1316 Smith DouglasDouglas Road, Chesapeake, VA VA 23320.23320. Industry

Petroleum ReleasesReleases — - within within 0. 0.55 mile mile proximity proximity to to the the projectproject corridor

Augusta County

•. PC#19891789, Michael's Country Store, Star Route Route 8 8 Box Box 101, 101, West West Augusta, Augusta, VA VA 24485.24485. Release Date: 06/23/1989. Status:Status: Closed.Closed. •. PC#19930071, White WayWay Lunch, Lunch, 2175 HankeyHankey MountainMountain Highway, Highway, Churchville, Churchville, VAVA 24421.24421. Release Date: 07/08/1992. Status:Status: Closed.Closed. •. PC#19964813, Sentry Food Mart #29, 313 Springfield Lane, Staunton, VA VA 24401.24401. Release Date: 02/02/1996. Status:Status: Closed.PC#19985057, Closed. PC#19985057, SentrySentry Food Food Mart Mart #29, #29, 313 313 Springfield Springfield Lane, Lane, Staunton, VA VA 24401.24401. ReleaseRelease Date:Date: 10/29/1997.10/29/1997. Status: Closed. Closed. •. PC#20056015, Sentry Food Mart #29, 313 Springfield Springfield Lane, Staunton, VA VA 24401.24401. Release Date: 02/25/2005. Status:Status: Closed.Closed. •. PC#20066015, Sentry Food Mart #29, 313 Springfield Lane, Staunton, VAVA 24401.24401. Release Date: 08/10/2005. Status:Status: Closed.Closed. •. PC#20076159, Pantry #3713, 313 Springfield Lane, Staunton, VAVA 24401.24401. Release Date: 06/14/2007. Status: Status: Closed. Closed. •. PC#20116067, Pantry #3713, 313 Springfield Lane, Staunton, VAVA 24401.24401. Release Date: 01/05/2011. Status:Status: Closed. Closed. •. PC#20126085, Pantry #3713, 313 Springfield Lane, Staunton, VA VA 24401.24401. Release Date: 01/24/2012. Status: Status: Closed. Closed. •. PC#19964876, Eastover Farm, Route 722, Churchville, VAVA 24421. 24421. Release Release Date: Date: 06/17/1996. 06/17/1996. Status: Closed.Closed. •. PC#19975086, Deerfield Community Center, RouteRoute 600, 600, Deerfield, Deerfield, VA VA 24432.24432. Release Date: 01/16/1997. Status:Status: Closed. Closed. •. PC#20006133, Deerfield Grocery, Box 209,209, Deerfield,Deerfield, VAVA 24432. 24432. Release Release Date:Date: 03.03.27/2000.27/2000. Status: Closed.Closed.

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•. PC#20016149, ZastownyZastowny Farm,Farm, GuthrieGuthrie Road,Road, Staunton,Staunton, VA 24401. 24401. Release Release Date: Date: 03/22/2001. 03/22/2001. Status: Closed.Closed. •. PC#20046088, Darrell ViaVia Residence,Residence, 330330 WayneWayne Avenue, Stuarts Draft, Draft, VA 24477.24477. ReleaseRelease Date: 01/06/2004. Status: Status: Closed. Closed. •. PC#20086057, Hoecker Property, 319 Wayne Avenue, Stuarts Stuarts Draft, Draft, VA VA 24477.24477. Release Date: 12/21/2007.12/21/2007. Status:Status: Closed.Closed. •. PC#20116075, Mckee Foods-Stuarts Draft, 272 Patton Farms Farms Road, Road, Stuarts Stuarts Draft, Draft, VA VA 24477. Release Date: 01/28/2011. Status: Status: Closed. Closed. •. PC#20126014, Deno's FoodFood MartMart 9, 9, 383 383 White White Hill Hill Road,Road, MintMint Spring,Spring, VA 24463.24463. ReleaseRelease Date: 08/18/2011. Status:Status: Closed.Closed. •. PC#20126045, Starkey Residence, 2120 2120 Tinkling Tinkling Spring Road, Stuarts Draft, Draft, VA VA 24477.24477. Release Date: 11/03/2011. Status:Status: ClosedClosed •. PC#20136014, Gladys Washington Residence, Residence, 370 370 Mill Mill CreekCreek Lane, Lane, Stuarts Draft, Draft, VA VA 2447724477. Release Date: 08/30/2012.08/30/2012. Status: Status: Closed. Closed.

Staunton City City

•. PC#19995181, Days Inn -— Staunton, Staunton, 372 372 WhiteWhite Hill Road, Road, Staunton, Staunton, VA 24401.24401. ReleaseRelease Date: 02/24/1999. Status: Status: Closed. Closed. •. PC#20006125, Forsythe Rental Property, Route Route 10 10 Box Box 466C, Staunton, VA VA 24401.24401. Release Date: 03/15/2000. Status: Status: Closed. Closed. • PC#20006138, TurtleTuttle Property,Property, Route 10, Staunton, VA 24401.24401. ReleaseRelease Date:Date: 04/03/2000. 04/03/2000. Status: Closed.

Nelson County

•. PC#20036137, Graves Grocery,Grocery, 17791779 Rockfish Rockfish Valley Valley Highway,Highway, Nellysford,Nellysford, VA 22958.22958. Release Date: 06/02/2003. Status: Status: Closed. Closed. •. PC#20086081, Graves Grocery, Grocery, 1779 1779 Rockfish Rockfish ValleyValley Highway, Highway, Nellysford, Nellysford, VA 22958.22958. Release Date: 02/22/2008.02/22/2008. Status: Closed. •. PC#20156110, Graves Grocery, Grocery, 1779 1779 Rockfish Rockfish Valley Valley Highway, Highway, Nellysford, Nellysford, VA 22958.22958. Release Date: 03/10/2015. Status:Status: Closed.Closed. •. PC#20056068, Janice HopkinsHopkins Residence, 165165 Fitchfield Fitchfield Lane,Lane, Nellysford, Nellysford, VAVA 22958.22958. Release Date: 11/29/2004. Status:Status: Closed.Closed. •. PC#20066006, Woodson's Grocery, Grocery, 29202920 James James River River Road, Road, Wingina, Wsngina, VAVA 24599.24599. ReleaseRelease Date: 07/20/2005. Status: Status: Closed. Closed. •. PC#20086078, Ridge Crest Baptist Church, Church, 14654 14654 ThomasThomas Nelson Nelson Highway, Highway, Lovingston, Lovingston, VAVA 22949. Release Date: 02/19/2008. Status:Status: Closed.Closed. •. PC#20126116. Wintergreen Grocers, Grocers, 2184 2184 Rockfish Rockfish Valley Valley Highway, Highway, Nellysford, Nellysford, VAVA 22958.22958. Release Date: 04/04/2012.04/04/2012. Status: Status: Closed Closed

Buckingham CoCountyu ntv

• PC#19984358, VDOT Andersonvitle Andersonville Area Area HO HQ RouteRoute 640 and 638,638, Andersonville, Andersonville, VAVA 23911.23911. Release Date: 04/28/1998.04/28/1998. Status:Status: Closed.Closed.

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•. PC#20097151, Betty Brown Property, 59435943 South South James James Madison Madison Highway, Highway, Buckingham, Buckingham, VA VA 23901. Release Date: 06/25/2009.06/25/2009. Status: Status: Closed. Closed. •. PC#20132011, Charles Fernandez, 1105 1105 Old Old Curdsville Curdsville Road,Road, Farmville, Farmville, VA 23901.23901. ReleaseRelease Date: 07/17/2012. Status: Status: Closed. Closed.

Cumberland County

•. PC#20097091, JimmieJimmie Morris Property, 8383 Raines Raines Tavern Tavern Road,Road, Farmville, Farmville, VAVA 23901.23901. Release Date: 112/11/2008.2/11/2008. Status:Status: Closed.Closed. •. PC#20102251, George Snead Property,Property, 12401240 Plank Plank Road, Road, Farmville,Farmville, VA 23901.23901. Release Date: 05/25/2010. Status: Status: Closed. Closed. •. PC#20132255, Larry Skweres Skweres Residence, 74 74 Raines Raines TavernTavern Road, Road, Farmville, Farmville, VA 23901.23901. Release Date: 02/26/2013. Status: Closed.Closed.

NottowayNottowav County

•. PC#20102162, Childress Property, 27332733 IndianIndian OakOak Road,Road, Crewe, VA 23930.23930. Release Date: 02/24/2010. Status:Status: Closed. Closed. •. PC#20132029,PCT20132029, ArthurArthur WernerWerner Property, 36683668 Indian Indian OakOak Road, Crewe, VA 23930. 23930. 07/25/2012. 07/25/2012. Status: Closed.Closed. •. PC#20142349, Irving J.J. ArnoldArnold Property,Property, 2095 West Creek Road, Crewe, VA 23930. 23930. ReleaseRelease Date: 03/20/2014. Status: Status: Closed. Closed. •. PC#20152351, Walter D. D. Martin Residence,Residence, 1946 1946 Cellar Cellar Creek Creek Road, Road, Blackstone, Blackstone, VA VA 23824. Release Date: 03/23/2015.03/23/2015. Status:Status: Closed.Closed. •. PC#20162162, Lanwood Lynch Residence,Residence, 1933 MountainMountain Hall Hall Road,Road, Crewe, Crewe, VA VA 23930.23930. Release Date: 07/30/2015. Status: Closed. Closed. •. PC#20162398, Jerry Jerry Myers Residence, 491 Green Gable Gable Road, Road, Blackstone, Blackstone, VA VA 23824.23824. Release Date: 06/28/2016. Status: Closed. Closed.

Dinwiddie County

•. PC#20084130, Marion Hays Coburn Estate Property,Property, 10622 10622 West West Ziles Ziles Road, Road, Blackstone, Blackstone, VA VA 23824. Release Date: 08/28/2007. Status:Status: Closed.Closed. •. PC#20084129, Wallace Mary Lee Residence, 10620 10620 WestWest Ziles Ziles Road, Road, Blackstone, Blackstone, VA VA 23824. Release Date: 08/28/2007.08/28/2007. Status:Status: Closed.Closed.

Brunswick County

•. PC#19953094, Abell Lumber Corporation, Highway Highway 634, Lawrenceville, Lawrenceville, VA. ReleaseRelease Date: 12/15/1994. Status: Status: Closed. Closed. •. PC#19953094, Transferred to to Library Library ofof VA, VA, Highway Highway 634, Lawrenceville, VA 23868.23868. Release Date: 112/15/1994.2/15/1994. Status: Closed.Closed. •. PC#20024465, Daniel Russell Residence,Residence, 4453 Reedy Creek Road, Freeman, VAVA 23856.23856. Release Date: 06/20/2002. Status: Closed.Closed.

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Greensville CountyCou ntv

• PC#19880505, TWS Grocery, Grocery, 52345234 SkippersSkippers Road, Skippers, VA 23879.23879. ReleaseRelease Date: 12/16/1987.12/16/1987. Status: Status: Closed. Closed. • PC#20094373, Robinson James E.E. Property, 83198319 Skippers Skippers Road, Road, Skippers, Skippers, VAVA 23879.23879. Release Date: 03/17/2009. Status:Status: Closed.Closed.

Southampton CountyCounty

• PC#20005145, Cooke Betty M. Residence, 28229 Grays Grays Shop Road, Road, Newsoms,Newsoms, VA VA 23874.23874. Release Date: 12/20/1999. Status:Status: Closed.Closed.

City of Suffolk

•. PC#19992300, Holland Volunteer FireFire Department, Department, 6666 6666 O'Kelly O'Kelly Drive, Drive, Suffolk, Suffolk, VAVA 23437.23437. Release Date: 12/09/1998.12/09/1998. Status: Closed.Closed. •. PC#20035090, Williamson Callie Residence, 7508 South Quay Quay Road, Road, Suffolk, Suffolk, VA 23437.23437. Release Date: 02/20/2003. Status: Status: Closed. Closed. •. PC#20165090, Williamson Callie Residence, 7508 SouthSouth Quay Quay Road, Road, Suffolk, Suffolk, VAVA 23437.23437. Release Date: 11/12/2015. Status: Closed. •. PC#20135074, Holland Food Mart, 57035703 Holland Hoiland Road, Road, Suffolk, Suffolk, VA 23437.23437. ReleaseRelease Date: 01/28/2013. Status:Status: Closed Closed •. PC#20145170, Knight Residence, 7628 S. S. Quay Road, Road, Suffolk, VA23437. ReleaseRelease Date: 04/04/2014. Status:Status: Closed.Closed.

City ofof ChesapeakeChesapeake

•. PC#19901588, Deep Creek Pharmacy, 622 N.N. George WashingtonWashington Highway, Highway, Chesapeake,Chesapeake, VA VA 23323. Release Date: 05/11/1990.05/11/1990. Status:Status: Closed.Closed. •. PC#19901809, Schwerman Trucking Trucking Co. Co. of of VA, VA, 2956 S. Military Highway,Highway,. 841 Canal Drive,Drive, Chesapeake, VAVA 23323.23323. ReleaseRelease Date:Date: 06/20/1990.06/20/1990. Status: Closed.Closed. •. PC#19920240, Schwerman Trucking Trucking Co. Co. of ofVA, VA, 2956 S.S. Military Highway,Highway,. 841 Canal Drive,Drive, Chesapeake, VA 23323.23323. ReleaseRelease Date:Date: 08/02/1991.08/02/1991. Status: Closed.Closed. •. PC#19910846, Waste Waste Management ofof Hampton Hampton Roads, Roads, 3016 3016 YadkinYadkin Road, Road, Chesapeake, Chesapeake, VAVA 23323. Release Date: 12/13/1990. Status:Status: Closed.Closed. •. PC#19911464, Alum Plant,Plant, 13121312 McCloud Road, Chesapeake,Chesapeake, VA 23320.23320. ReleaseRelease Date: 04/04/1991. Status: Status: Closed. Closed. •. PC#19911804, IMTT—IMTT-Chesapeake Chesapeake Terminal, Terminal, 2801 S. Military Highway, Chesapeake, Chesapeake, VAVA 23323. Release Date: 04/22/1991.04/22/1991. Status: Closed.Closed. •. PC#19931500, IMTT—IMTT - Chesapeake Chesapeake Terminal,Terminal, 28012801 S. Military Highway, Chesapeake,Chesapeake, VAVA 23323.23323. Release Date: 02/04/1993.02/04/1993. Status: Closed.Closed. •. PC#20065038, IMTT—IMTT- Chesapeake Chesapeake Terminal,Terminal, 2801 S. Military Highway, Chesapeake,Chesapeake, VAVA 23323. Release Date: 009/19/2005.09/19/2005.9/19/2005. Status: Status: Closed. Closed. •. PC#19921198, Chesapeake Liquid Natural Gas Station, Station, Vepco Street, Chesapeake, VAVA 23323. Release Date: 11/15/1991. Status: Closed.Closed.

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•' PC#19921184, Mid AtlanticAtlantic RepairRepair Inc.,Inc., 26012601 TradeTrade Street,Street, Chesapeake, VA 23323.23323. Release Date: 01/03/1992. Status:Status: Closed.Closed. • PC#19921741, Chesapeake Energy Center, 2701 Vepco Street, Chesapeake,Chesapeake, VA VA 23323.23323. Release Date: 03/20/1992. Status: Status: Closed. Closed. • PC#19931091, Chesapeake Energy Center, 2701 Vepco Street, Chesapeake,Chesapeake, VA VA 23323. Release Date: 12/01/1992. Status: Status: Closed. Closed. • PC#19931477, ChesapeakeChesapeake Energy Center, 2701 Vepco Street, Chesapeake,Chesapeake, VA VA 23323. Release Date: 02/03/1993. Status: Status: Closed. Closed. • PC#19931476, Chesapeake Energy Center, 2701 Vepco Street, Chesapeake,Chesapeake, VA VA 23323.23323. Release Date: 02/03/1993. Status: Status: Closed. Closed. • PC#19940611, Chesapeake Energy Center, 2701 Vepco Street, Chesapeake,Chesapeake, VA VA 23323. Release Date: 10/11/1993. Status:Status: Closed. Closed. • PC#19944554, Chesapeake EnergyEnergy Center, 2701 Vepco Street, Chesapeake,Chesapeake, VA VA 23323. Release Date: 06/28/1994. Status: Status: Closed. Closed. • PC#20015047, Chesapeake Energy Center, 2701 Vepco Street, Chesapeake,Chesapeake, VA VA 23323. Release Date: 10/27/2000. Status: Open. • PC#19930307, Crown VA 520,520, 4317 4317 BainbridgeBainbridge Boulevard,Boulevard, Chesapeake,Chesapeake, VA 23324.23324. ReleaseRelease Date: 08/14/1992. Status: Status: Closed. Closed. • PC#19940447, Crown VA 520,520,4317 4317 BainbridgeBainbridge Boulevard,Boulevard, Chesapeake,Chesapeake, VA 23324.23324. ReleaseRelease Date: 09/13/1993. Status:Status: Closed.Closed. • PC#20005235, Crown VA 520,520, 4317 4317 BainbridgeBainbridge Boulevard,Boulevard, Chesapeake,Chesapeake, VA 23324.23324. ReleaseRelease Date: 05/24/2000. Status:Status: Closed.Closed. • PC#20035035, Crown VA 520,520,4317 4317 BainbridgeBainbridge Boulevard,Boulevard,Chesapeake, Chesapeake, VA 23324.23324. ReleaseRelease Date: 10/12/2002.10/12/2002. Status: Status: Closed. Closed. • PC#19932101, Rennie'sRennie's Shell Shell #633, #633, 3013 3013 S. S. Military Military Highway, Highway, 841 Canal Canal Drive, Drive, Chesapeake, VA VA 23323. Release Date: 04/22/1993. Status:Status: Closed.Closed. • PC#19943196, Short Property, 2952Military2952Military Highway,Highway, Chesapeake, VAVA 23323.23323. ReleaseRelease Date: 03/30/1994. Status: Status: Closed. Closed. • PC#19930539, 7-Eleven StoreStore 1016-20291, 841841 Canal Canal Drive, Drive, Chesapeake, VAVA 23323.23323. Release Date: 08/25/1994. Status:Status: Closed.Closed. • PC#20055130, 7 Eleven 20291, 841 Canal Drive, Chesapeake,Chesapeake, VA 23323.23323. ReleaseRelease Date: 02/10/2005. Status: Status: Closed. Closed. • PC#19940630, Deep Creek PumpingPumping Station, 12211221 Shell Shell Road, Road, 841 841 Canal Canal Drive, Drive, Chesapeake, VAVA 23323. Release Date: 10/13/1993. Status: Status: Closed. Closed. • PC#19940817, Cundiff Residence, 620 Rock Rock Drive, Chesapeake,Chesapeake, VA 23323.23323. ReleaseRelease Date: 11/12/1993.11/12/1993. Status:Status: Closed. Closed. • PC#19943378, Murry Residence, 217 Jarvis Road, Chesapeake, VAVA 23323.23323. ReleaseRelease Date: 04/12/1994. Status:Status: Closed. Closed. • PC#19952259, Miller Residence, 3455 Gallberry Road, Chesapeake, VAVA 23323.23323. ReleaseRelease Date: 10/11/1994.10/11/1994. Status:Status: Closed. Closed. • PC#19962217, Box USAGroup, Group, 723 723 Fenway FenwayAvenue, Avenue, Chesapeake,Chesapeake, VA 23323. 23323. ReleaseRelease Date: 08/02/1995. Status: Status: Closed. Closed. • PC#19962333,PCT19962333, Sentry Food Mart #4, 51915191 West West Military Military Highway,Highway, Chesapeake, VAVA 23321. Release Date: 02/01/1996. Status:Status: Closed.Closed. • PC#20125058, Pantry Site 3698 dba Kangaroo, Kangaroo, 51915191 West West Military Military Highway, Highway, Chesapeake,Chesapeake, VAVA 23321. Release Date: 10/11/2011. Status:Status: Closed.Closed.

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• PC#19982408, Smith Douglas Plant Former, 13161316 Smith DouglasDouglas Road, Chesapeake, VAVA 23324. Release Date: 06/17/1998.06/17/1998. Status:Status: Closed.Closed. • PC#19992240, Tri-Port Terminals, Terminals, 1324 McCloud Road,Road, Chesapeake,Chesapeake, VA 23320.23320. ReleaseRelease Date: 11/05/1997.11/05/1997. Status:Status: Open. (this is thethe southern portion of property, not addressed by PC#20165149) • PC#20165149, Tri-Port Terminals —- North North of of McCloudMcCloud Road, Road, 1324 1324 McCloudMcCloud Road, Road, Chesapeake,Chesapeake, VA 23320. 23320. ReleaseRelease Date:Date: 11/05/1997.11/05/1997. Status: Closed.Closed. • PC#19982273, WatkinsWatkins Motor Lines,Lines, Inc. 27012701 TradeTrade Street,Street, Chesapeake, VA VA 23323.23323. Release Date: 11/17/1997. Status:Status: Closed.Closed. • PC#20005211, GSB Auto Auto Auctions,Auctions, 30643064 YadkinYadkin Road,Road,Chesapeake, Chesapeake, VA 23323. 23323. ReleaseRelease Date: 05/03/2000. Status:Status: Closed. Closed. • PC#20025093, Chesapeake City—SewageCity-Sewage PumpPump Station 22,22, 12411241 Saul Saul Drive, Drive, Chesapeake,Chesapeake, VAVA 23320. Release Date: 05/22/2002. Status:Status: Closed.Closed. • PC#20025103, Hampton RoadsRoads Airport, Airport, 51725172 W. W. Military Military Highway,Highway, Chesapeake, VAVA 23321. Release Date: 06/26/2002.06/26/2002. Status:Status: Closed.Closed. • PC#20045038, Quest Transport LLC, LLC, 44194419 Bainbridge Boulevard,Boulevard, Chesapeake, VAVA 23320.23320. Release Date: 09/10/2003. Status:Status: Closed.Closed. • PC#20045044, Sexton Shirley Shirley Property Property — - HurricaneHurricane Isabel!,Isabell,lsabell, 47454745 Sunray Avenue, Chesapeake, VA VA 23321. Release Date: 09/22/2003.09/22/2003. Status:Status: Closed.Closed. • PC#20045056, Everett Express Incorporated, 31533153 S. S. Military Military Highway,Highway, Chesapeake, VAVA 23323. Release Date: 09/26/2003.09/26/2003. Status:Status: Closed.Closed. • PC#20045160, Mcmillan Mobile Home Park, 4535 Bainbridge Boulevard, Chesapeake, VAVA 23320. Release Date: 03/16/2004.03/16/2004. Status:Status: Closed.Closed. • PC#20065144, Falcon AvenueAvenue Property,Property, SE IntersectionIntersection FalconFalcon Avenue Avenue and and Rte.Rte. 460, Chesapeake, VA 23320.23320. ReleaseRelease Date:Date: 04/18/2006.04/18/2006. Status: Closed. • PC#20065445, Eva GardensGardens Property —Stoney- Stoney Mobile Home Park, 4425 Bainbridge Boulevard, Chesapeake, VA 23320.23320. ReleaseRelease Date:Date: 04/28/2006.04/28/2006. Status: Closed. • PC#20075007, Old DominionDominion ContainerContainer Repair Incorporated, 30043004 Yadkin Yadkin Road,Road, Chesapeake,Chesapeake, VAVA 23323. Release Date: 07/25/2006. Status:Status: Closed.Closed. • PC#20135004, Khol Property,Property, 501 Hopewell Drive, Chesapeake, VA 23323.23323. Release Date: 0723/2012. Status: Status: Closed. Closed. • PC#20145152, OneSteel Recycling Recycling Inc.,Inc., 2649 S. S. Military Highway, Chesapeake, VA VA 23323. Release Date: 02/03/2014.02/03/2014. Status:Status: Closed.Closed. • PC#20145151, Chesapeake PublicPublic WorksWorks OperationsOperations Complex,Complex, 33163316 S. S. Military Military Highway,Highway, Chesapeake, VA 23323.23323. ReleaseRelease Date:Date: 03/10/2014.03/10/2014. Status: Closed. Closed. • PC#20175199, Bluebird Homes Property, 114 Lake Street, Street, Chesapeake, VAVA 23322. 23322. Release Date: 01/27/2017. Status: Open.

Recommendations:

• Section 4.8,4. 8, VolumeVolume 11- - Land Use, SpecialSpecial InterestsInterests Area, and Visual Resources,Resources, 4. 4.8.1.18. 1. 1 Forest Land, TimberTimber RemovalRemoval PlanPlan - -It It is is recommended recommended that that allall slash,slash, chipschips andand debrisdebris shallshall bebe managed in accordance withwith all all applicable Federal,Federal, State, and and local local laws laws and regulations. regulations. Additionally, Additionally, open burning burning in in Virginia Virginia isis only only allowedallowed inin accordance accordance with with 9VAC20-81-95 9VAC20-81-95 ofof the the Virginia Virginia SolidSolid Waste Management Management Regulations Regulations (VSWMR). (VSWMR). Localities may may have have additionaladditional openopen burning restrictions thatthat should be consulted.

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• Section 5.5.0,0, Volume 11- - Conclusions and Recommendations && 5.1.85. 1. 8 Land Use, SpecialSpecial InterestsInterests Area, and Visual ResourcesResources - -It It is is recommended recommended to to include include a a waste waste and and debrisdebris managementmanagement implementation planplan (to (to be be developed developed by by Atlantic/DTI) Atlantic/DTI) alongsidealongside withwithother other plansplans listedlisted in in this section. • Section 5.05. 0 ofof the the Contaminated Contaminated MediaMedia PlanPlan lists thethe EnvironmentalEnvironmental InspectorsInspectors (Els)(Els) roles and responsibilities asas defined defined by by the the Federal Federal Energy Energy Regulatory Regulatory Commission's Commission's (FERCs) (FERCs) Upland and Erosion Control,Control, Revegetation,Revegetation, andand Maintenance Plan (Plan). InIn additionaddition toto thethe roles and responsibilities described in in FERCs FERCs Plan,Plan, it it is is recommended recommended thatthat ElsEls includesincludes a more specific training and proper field equipment forfor analyses of soil, sedimentsediment andand groundwatergroundwater contamination. IfIf soil, soil, sediment or or groundwater groundwater contamination contamination is is found, found, Atlantic Atlantic and/or and/or DTI DTI should contact the appropriate appropriate regulating regulating agency.agency. • Section 6.06. 0 ofof the the Contaminated Contaminated MediaMedia Plan:Plan: It isis recommendedrecommended that all potentially contaminated soil soil is is managed managed in in accordance accordance with with all all applicable Federal, State, andand local local lawslaws and regulations.regulations. Additional recommendationsrecommendations for managing contaminatedcontaminated media would be to initially test test representativerepresentative soil andand groundwatergroundwater samples forfor thethe expected contaminant classclass based on the currentcurrent oror previous previous source. AA phase II assessment of past land use of the contaminated areaarea discovered discovered wouldwould allow testingtesting for thethe appropriate analysts. • Section 7.07.0 ofof the the Contaminated Contaminated MediaMedia Plan: Plan: it is recommendedrecommended toto address situations where contamination found to be a health or safety hazard. The The area shall shall be evacuated until until trained personal are on-site on-site in in addition addition to to specifically specifically identifying thethe appropriateappropriate Federal,Federal, State or or local local agency (ies) toto contact. • In additionaddition toto the Contaminated Contaminated MediaMedia Plan, Plan, it it is is recommended recommended forforAtlantic/DTI Atlantic/DTI to develop a a waste andand debris debris management management plan plan for for utilizing utilizing all excess material and debris in accordance with all applicable Federal, State,State, and local laws andand regulations. • DraftDraft Open Open Burning Burning PlanPlan -Localities maymay have have open open burningburning restrictions,restrictions, permits,permits, etc.etc. thatthat should be consulted. • Section 3.0,3.0, Timber Timber Removal Removal Plan- Training statesstates thatthat training to to be conducted as listed listed in the FERCsPlan. Plan. It It is is recommended recommended that that the the training trainingbe be more more detaileddetailed andand related to each location location in in accordance with with all applicable Federal, State and local lawslaws andand regulationsregulations pertainingpertaining toto the removal of timber.timber. • Section 9.19. 1 GeneralGeneral Requirements under PlannedPlanned Timber Removal Operations Operations referencesreferences management of of timber, slash,slash, and stumps. ItIt is recommended that all all timber, slash, and stumps are managed managed inin accordance accordance withwith all all applicableapplicable Federal,Federal, State, andand local local lawslaws andand regulations. Localities shouldshould bebe consultedconsulted asas theythey have open burning restrictions. • Volume 2 part 5 Appendix GG (page/38/648) (page/38/G48) of the Construction,Construction, Operations, and Maintenance Plan applying toto thethe national forest service lands references "Atlantic's WasteWaste Management Plan."Plan. " This WasteWaste Management PlanPlan has has not not yet yet been been filed filed with with FERC FERC asas informed informed by by a a DTI DTI representative. • Section 3.3.6.106. 10 - It is recommendedrecommended that the the Els Els have have moremore specificspecific training and proper fieldfield equipment for for contamination contamination analysesanalyses of of soil, sedimentsediment and groundwater than currently currently listedlisted in FERCs Plan. Plan. If If soil, soil, sediment sediment or or groundwater groundwater contamination isis found, found, Atlantic Atlantic and/orand/or DTI DTI should contact the appropriate appropriate regulating regulating agency(ies). agency(ies).

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Corrections

• Section 6.0, 6. 0, C. C. of the Contaminated Contaminated MediaMedia Plan, Plan, The Virginia DepartmentDepartment of Emergency Management reportingreporting numbersnumbers for for the the 24-hour 24-hour in-state in-state calls calls is is 1-804-674-2400 1-804-674-2400 andand thethe 24 hours, out-of-state calls calls is is 1-800-642-3074. 1-800-642-3074. • Volume 11 SectionSection 4.04. 0 EnvironmentalEnvironmental Analysis, 4.34. 3 Water Resources,Resources, 4.4.3.1.63. 1. 6 Contaminated Groundwater: InIn addition toto the the summary summary of of sites sites on on Table Table 4.3.1-3 4. 3. 1-3 (the (the Table) Table) listslists Contaminated Site, Site, Landfills, Landfills, and Leaking Leaking Underground StorageStorage Tanks Tanks Near Near the the ACP, ACP, Section 4.8 Land Use, SpecialSpecial InterestsInterests Area, andand Visual Resources,Resources, 4.4.8.78. 7 ContaminatedContaminated Sites, Section 5.0 Conclusions andand Recommendations, 5.5.1.3.11. 3.1

Spill Prevention, Control, and Countermeasure Plan

•. Comment: SPCCSPCC Plan p.p.22 -— Section Section 4. 4.0.A.0. A. See See text text below. below. The The statutory statutory requirementsrequirements for making notifications in thethe event of an oil spill areare "immediately upon learning ofof thethe discharge"discharge". The language below suggests a process that maymay resultresult inin a delay in reporting. •. On page 7 Section 5.5.0.00.C it says "Concrete coating activities and washout activities will notnot be performed within 100100 feet of wetlands, waterbodies, oror springs, springs, or withinwithin 300 feet of karst features unlessunless the the location location is is an an existing existing industrial site designated forfor such use."use. " Additionally,Additionally, when close to a waterbody, containment structures should be placed around the area in order to minimizeminimize potential for runoffrunoff •. Spill Coordinator — - Each ContractorContractor will appointappoint a Spill CoordinatorCoordinator whowho will bebe responsibleresponsible for coordinating ContractorContractor WorkWork CrewsCrews for spill cleanup,cleanup, conductingconducting site investigations, and completing spillspill reports. TheThe Spill CoordinatorCoordinator willwill reportreport spills toto anan Environmental Inspector (El) 2,2, whowho willwill initiateinitiate thethe spill reportingreporting process (see (see Section Section 7.0). 7. 0). The The Spill Spill Coordinator will will be responsible forfor completing completing a a SpillSpill Report FormForm (Attachment(Attachment A)A) within 24 hours of the occurrence of a spill, regardless of the size of the spill. •. The Preventive Measures inin section 5.05. 0 are textbook comprehensivecomprehensive andand likely likely will bebe hard to achieve consistently in in the field. •. Section 5.0.A.1.g., S.O.A. l.g., pagepage 3-3- The 300 foot foot distance from karst areas forfor hazardous hazardous materialsmaterials willwill require extensive subsurface subsurface geologicgeologic data to maintain maintain compliance compliance in in all instances. •. Section 5.0.A.1.j.,5. 0.A. 1.J., page 4 - This shouldshould statestate immediate reporting reporting to to DEQ, DEQ, EPA EPA andand others.others. The language below suggests a process that maymay resultresult inin a delay in reporting. •. Section 7.C.3.a7. C. 3. 3 andand b., pagepage 8.8. These oil spillspill reportingreporting requirementrequirement do not specify aa timeframetimeframe for reporting. These reportingreporting requirementsrequirements shouldshould clearlyclearly indicateindicate that spills spills should be reported "immediately "immediately upon upon learning learning of the discharge". TheThe cited cited sections sections of of Virginia Virginia water control lawlaw specify that spillers must notify the "director "director or or coordinator coordinator of of emergency emergency services....forservices.... for the political subdivisionsubdivision in which the dischargedischarge occurs andand anyany otherother political subdivision reasonably expected toto thethe affected by the discharge, andand the the appropriateappropriate federal authorities...".authorities... ". This isis notnot addressedaddressed in thethe spill reportingreporting section of the plan.

Air

• Construction: ConstructionConstruction activities activities associated associated with with the the ACP ACP project project in in Virginia Virginia areare subject to the Air Air Pollution Control RegulationsRegulations regardingregarding such such activities activities including including open open burning burning (9 (9 VAC VAC 5- 130130 et seq.) seq. ) andand fugitive fugitive dust (9 (9 VAC 5 5 -50-60 -50-60 et et seq. seq.).). The The project project sponsor sponsor shouldshould ensure ensure thatthat

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construction activities comply withwith these these andand anyany otherother applicableapplicable statestate regulations. WhileWhile not required, additional mitigation of construction related air pollutants could be achieved through the useuse of of cleaner construction and related equipment. • Permitting: AA newnew stationary stationary source source compressor compressor station station in in Buckingham Buckingham CountyCounty is is included included inin this project. AsAs such such an an air air quality quality permitpermit willwill be required for this source. DEQDEQ air permitting staff have met with the project sponsor and itit appears that a a minorminor newnew source reviewreview permit will be needed forfor this this facility. facility. • Operations: AA portionportion of of thisthis project project goes goes through through Suffolk Suffolk and Chesapeake Cities Cities which areare part of a VOCand and NOx NOxemissions emissions control control area area and and therefore therefore wouldwould bebe subject to any applicable existing sourcesource regulationsregulations relatedrelated toto its controlcontrol areaarea status. • GHG Considerations:Considerations: ConcernsConcerns havehave been been expressed expressed regarding regarding the the GHG GHG implications implications of this project, especially in termsterms of methane emissions from extraction, transmission, and combustion of thethe natural gas involved. SinceSince the the natural natural gasgas that that will will be transported byby this pipeline is not being produced in in Virginia, thethe CommonwealthCommonwealth hashas no controlcontrol over this aspect of the project. project. However,However, the the EPA EPA has recently promulgated federalfederal regulations thatthat cover thethe extraction and transmission activities ofof thethe naturalnatural gasgas industryindustry to to reducereduce methanemethane emissions. Furthermore,Furthermore, thethe project project sponsor sponsor will will implement a pipeline management and monitoring program that should limit thethe methane emissionsemissions from leakage. Finally,Finally, thethe end use of natural gas in the power generation sector sector is is now now subject to state state and and federal federal GHG GHG permitting requirements, and and to to pending pending NSPS/ESPS NSPS/ESPS for for electricelectric generationgeneration facilities. AA prime example of this is is the recent recent permit permit issued issued by by DEQ DEQ to the Dominion Dominion Greensville PowerPower Station Station thatthat contained thethe most most stringent stringent CO2 C02 emissionemission raterate limitation limitation inin the Country.Country

27

20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

COMMONWEALTH of VIRGINIA VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY StreetStreet address:address: 629 East Main Street, Richmond, Virginia 23219 Molly Joseph Ward MailingMailing address: address: P.O.P.O. Box 1105,1105, Richmond, Virginia 23218 David K. Paylor Secretary of Natural Resources www.deq.virginia.govwww.deq.virginia.gov Director (804) 698-4000 1-800-592-5482I-800-592-5482

May 16,16, 2016

Ms. Elizabeth Hester Environmental Specialist Dominion Transmission Inc. 5000 Dominion Boulevard Glen Allen,Alien, Virginia 23060-330823060-3308

Subject: Dominion Transmission Inc. (DTI) - Atlantic Coast Pipeline Project

Dear Ms. Hester:

The Virginia Department of Environmental Quality (DEQ) is reviewing DTI's 2016 Annual Standards and Specifications for for ErosionErosion && SedimentSediment ControlControl and and StonnwaterStormwaterManagement. Management. As you know, the proposed Atlantic Coast Pipeline project that will transect the Commonwealth will be covered under these Annual Standards and Specifications. DueDue toto the scopescope of this project, DEQ is requiring a number of conditions in in addition to those established under your Annual Standards and Specifications.

The specific requirements for this project are as follows: 1.1. In addition to DTI's internal internal review review process, process, an an individual individual project-specific plan is required to be submitted forfor DEQ review and approval, 2. The project-specific plan, DEQDEQ approval, andand supportingsupporting documentsdocuments must be posted on DTI's websitewebsite forfor public view, 3.3 Inspection reports reports conducted conducted by by DTI DTI as as well as complaint logs and complaint responses must be submitted to DEQ,DEQ, and 4. As authorized under thethe VirginiaVirginia ErosionErosion andand Sediment Sediment Control. Control Law and the Stormwater Management Act, DTI is required to pay DEQ to to covercover thethe costscosts incurredincurred fromfrom hiringhiring additional technical expertise to assist DEQDEQ inin planplan reviewreview and compliance activities. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Page 2

Should you have any questions or would like to discuss further, please contact me at (804) 698-4285 or frederick.frederick.cunninghamadeq.virginia.Rov.cunningham@deg. virginia. eov.

Sincerely,

Frederick K. Cunningham Director, Office of Water Permits

c: Melanie Davenport, DEQ Benjamin Leach, DEQ Larry Gavan, DEQ Hannah Zegler, DEQ

This letterletter isis intended intended to to provide provide information information on on whatwhat information information DEQ DEQ believes believes is is needed needed in order to fully evaluateevaluate youryour AnnualAnnual Standards Standards and and Specifications Specifications andand isis notnot aa finalfinal determination determinationdetermination or or case casecase decisiondecision decision underunder the Administrative ProcessProcess Act.Act. InIn the the event event thatthat discussions discussions withwith staff do not leadlead toto a a satisfactorysatisfactorysatisfactory resolutionresolution of the the contents ofof this letter,letter, youyou maymay elect elect to to participate participate in in DEQ's DEQ's Process Process for forfor EarlyEarly Early DisputeDispute Dispute Resolution.Resolution. Resolution. For ForFor further further informationinformation on on the the ProcessProcess for EarlyEarly DisputeDispute Resolution, Resolution,Resolution, please please seesee Agency Policy StatementStatement No.No. 8-20058-2005 8-2005 postedposted on the the Department's websitewebsite underunder "Programs", "Programs", "Water","Water","Water", "Permitting "Permitting & & Compliance"Compliance" at at the following address: address:address;

linn://www.deilvirainia.aov/Porials/0/DEO/Enforcenient/Guidance/process%20for%20early%20dispute%2Oresolhtto://www.deqhttp://vvwiv. dea...virginia.gov/Potvireinia. eov/Pailals/0/DEO/Enl'orcemenl/GLiidance/process%20for%20ear1v%20disDute%20resol als/O/DEO/Enforcernent/Guidance/process%20for%20earlv%20dispute%20resol ution%20no8 2005.pdf.2005.pdf. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Molly Joseph Ward Mailing address: P.O.P. O. Box 1105,1 105, Richmond, Virginia 23218 David K. Paylor Secretary of Natural Resources www.deq.virginia.govwww.deq.virginia.gov Director (804) 698-4000 1-800-592-54821-800-592-5482

MEMORANDUM

To: Julia Wellman, DEQ Office of Environmental Impact Review

From: Meghann Quinn,Quirm, DEQ Office of Pollution Prevention

Date: February 28, 2017

Subject: DEQ #16-248F, Atlantic Coast Pipeline DEQ advocates that principles of pollution prevention and sustainability be used in all projects as well as during operations. EffectiveEffective siting, siting, planning, planning, andand on-site on-site BestBest Management Practices (BMPs) will help to ensure thatthat environmental impactsimpacts areare minimized.minimized. Pollution prevention and sustainability techniques can be included in decisions related to materials, design and operational procedures that will facilitate the reduction of environmental wastes at the source.

We have several recommendations that may be helpful: -— Consider the development of an effective Environmental Management System (EMS). AnAn effective effective EMS EMS will will ensure ensure that that the the proposed proposed project is committed to complying with environmental regulations, reducing risk, minimizing environmental impacts, setting environmental goals, and achieving improvements in its environmental performance. DEQDEQ offers offers EMS EMS development development assistanceassistance andand recognizes facilities with effective Environmental Management Systems through its Virginia Environmental Excellence Program (VEEP). VEEPVEEP providesprovides recognition, recognition, annualannual permit fee discounts and the possibility for alternative compliance methods. -— Consider reuse and recycling opportunities when evaluating waste handling, including mulching of brush and timber and water reuse opportunities. —- Consider contractors' commitmentcommitment toto thethe environment environment when choosing contractors. SpecificationsSpecifications regardingregarding rawraw materials materials andand construction construction practices can be included in contract documents and requests forfor proposals. -— Choose sustainable materials and practices for construction and design, including the use of native species and pollinators when re-establishing vegetation. Integrate pollution prevention techniques into maintenance and operation. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

— Encourage supply chain partners to implement pollution prevention, sustainability, and environmental management systems.

DEQ's Office Office of of PollutionPollution Prevention Prevention providesprovides informationinformation andand technical assistance relating to pollution prevention techniques and EMS. If interested, please contact Meghann Quinn,Quiim, (804) 698-4021.698-402L ' ,. --. --. --. -o.--<-,

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Molly Joseph Ward Rochelle Altholz Secretary ofofNaniral Natural Resources Deputy Director of Administration and FinanceFinance

Clyde E. Cristman David C. Dowling Director Deputy Director of Soil5bi7 and Water ConservationCoilsen'ation COMMONWEALTH of VIRGINIAVIRGINIA and DarnDamDam SafetySafety DEPARTMENT OF CONSERVATION AND RECREATION Thomas L. Smith Deputy Director of Operations

MEMORANDUM

DATE: March 31, 2017

TO: Julia Wellman, DEQDEQ

FROM: Roberta Rhur, Environmental Impact Review Coordinator

SUBJECT: DEQ 16-248F, ATLANTIC ATLANTIC COAST COAST PIPELINE DRAFT DRAFT EIS

Division ofof PlanningPlanning andand RecreationRecreation Resources

The Department of of Conservation Conservation and and Recreation Recreation (DCR), (DCR), Division of Planning and Recreational ResourcesResources (PRR),CPRR), developsdevelops the Virginia Outdoors PlanPlan (VOP) andand coordinatescoordinates aa broad range ofof recreationalrecreational andand environmental programs throughoutthroughout Virginia. Virginia. TheseThese include include the the Virginia Virginia Scenic Scenic Rivers Rivers program;program; Trails, Trails, Greenways, and Blueways; VirginiaVirginia StateState ParkPark MasterMaster PlanningPlanning andand State Park Design andand Construction.

We have reviewed thethe proposed project andand the latest proposedproposed alignment. SectionSection 4 addressesaddresses most most concerns regarding thethe resources previously submitted FERC in in a a letter letter dateddated JuneJune 2016.2016. WeWe have the following commentscomments regarding potentialpotential impactsimpacts to to the the LWCF LWCF property knownknown asas Nottoway Nottoway Lake.Lake. According to to thethe informationinformation currently in our files, NottowayNottoway Lake Lake C51-00232)(51-00232) isis protectedprotected inin perpetuityperpetuity by section 6(f) (3)(3) ofof thethe LandLand and and Water Water Conservation Conservation FundFund Act.Act. SectionSection 6 [Q(f) (3)[3) ofof thethe LandLand & Water Conservation Fund ActAct states states that:that: "No"No property property acquiredacquired or developed withwith assistance under this sectionsection shall without approval ofof thethe Secretary [of thethe Interior] be convertedconverted to otherother thanthan public public outdoor outdoor recreation uses". uses". The LWCFprogram program takes takes into into account account that that inin certaincertain instancesinstances therethere is no alternative to converting a portion ofof a LWCFLWCF property. property. InIn those those extremeextreme casescases wherewhere there is no feasiblefeasible alternative, a conversion of use process mustmust be be initiated initiated with with DCR DCR for approval from the NationalNational ParkPark Service. Service. In short, the conversionconversion of use process requires that aa suitablesuitable piecepiece ofof replacementreplacement property bebe foundfound beforebefore aa conversion occurs at aa LWCFLWCF protectedprotected site.site. "Suitable""Suitable" means means equivalentequivalent inin fairfair marketmarket value and can serve as a viable public outdooroutdoor recreation area without reliance reliance upon upon adjoining adjoining or additional areas. Information Information about the the conversion conversion of of use use process process is is outlined outlined on on the the DCR DCR website website at http://www.dcr.virginia.gov/recreationalhttp://www.dcr.virginia.gov/recreational planning/lwcfconuse.shtml. planning/lwcfconuse.shtml. Conversion ofof useuse processes must be initiated with DCR DCR by by thethe governmentalgovernmental bodybody that that owns the property. In In this this case, case, Nottoway Nottoway CountyCounty and Synthia Waymack ofofDCR, DCR,synthia. [email protected].

Additionally, thethe projectproject will bebe impacting thethe following statewidestatewide trails (reference VAVA codecode 10.10.1-204):1-204): The Great Eastern Trail, Trail, the Appalachian Appalachian National National Scenic Scenic Trail, the James River River Heritage Trail, the EastEast Coast Coast Greenway and and the Beaches to Bluegrass Trail. PotentialPotential mitigationmitigation projectsprojects could addressaddress gaps in the fourfour developing trail systems; please contact Jennifer Wampler for moremore information at [email protected]. wamDler@dcr. vireinia. eov.. WeWe recommend recommend coordinationcoordination withwith the the National National ParkPark ServiceService and the U.S.U. S. Forest Forest ServiceService regardingregarding impacts to the Appalachian NationalNational Scenic Scenic Trail. 600 East Main Street, 2424th th Floor IRichmond, Richmond,Richmond, VirginiaVirginia 2321923219 I804-786-6124 804-786-6124804-786-6124

State Parks Parks • .Soil Soil and Water Conservation • .Outdoor Recreation Recreation Planning Natural Heritage • . Dam Safety and Floodplain Management • .Land Conservation 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

We have done a desk toptop gap analysisanalysis ofof knownknown water water accessaccess sitessites alongalong three three establishedestablished waterwater trailstrails that the proposedproposed pipelinepipeline crosses:crosses: the the Meherrin Meherrin River, River, NottowayNottoway River,River, and the James River. Water accessaccess isis a key feature to create aa vibrantvibrant recreationrecreation experience experience and and a a top top need need according according to to the the 2013 2013 VOP. VOP. Therefore, we suggestsuggest that thethe projectproject proponentproponent coordinatecoordinate withwith locallocal governmentsgovernments toto exploreexplore thethe possibility possibility ofof creating water access sites atat waterwater crossings thatthat correspond with established water trails. We also recommendrecommend thatthat nativenative plant species bebe usedused toto restorerestore areas cleared along thethe proposed route. Division of Soil && Water Water ConservationConservation

We recommend that anyany BMPsBMPs impacted by the pipeline be reinstalledreinstalled oror relocated, relocated, e.g.e.g. livestocklivestock fencesfences and streamstream crossingscrossings re-erected,re-erected, wateringwatering systems relocated, cover crops reimbursed to thethe farmers,farmers, disturbed areasareas re-vegetated, re-vegetated, etc.etc. OneOne impact impact thatthat cannot cannot be be fully fully mitigatedmitigated forfor willwill be the loss of trees in planted buffers, which if cost shared wouldwould bebe fromfrom combinedcombined federal/statefederal/state contributions.contributions. SinceSince these cannot be replanted nearnear a a buriedburied pipeline, pipeline, therethere will will bebe some some degreedegree of of permanent permanent impact. impact. GroundGround covercover vegetation however should be reestablished.

Division of DamDam SafetySafety and and FloodplainFloodplain ManagementManagement

A project in a community'scommunity's special flood hazard area (SFHA),[SFHA), as as determineddetermined byby thethe flood insuranceinsurance rate map (FIRM)[FIRM] thatthat is provided byby FEMA,FEMA, must must complycomply with with thethe community's floodplainfloodplain ordinance.ordinance. If the pipeline will be underground in in the SFHA, SFHA,the the original original contours contours restored, restored, andand allall structuresstructures associated with the pipelinepipeline areare outsideoutside ofof thethe SFHA, SFHA, thethe project should have no effecteffect on thethe floodplainsfloodplains in thesethese communities. IfIf thethe floodplain floodplain willwill be modified, coordination with the localitylocality is advised. Division of NaturalNatural Heritage

The Department of of Conservation Conservation andand Recreation's Recreation's Division Division of of Natural Natural Heritage's Heritage's (DCR-DNH) [DCR-DNH) mission is conserving Virginia's biodiversitybiodiversity through through inventory,inventory, protection, protection, and and stewardship. stewardship. Natural heritage resources are defined defined as the habitat ofof rare, threatened, oror endangeredendangered plantplant and and animal animal species,species, unique or exemplary natural communities, communities, and and significant significant geologicgeologic formations.

DCR-DNH previously previously provided provided commentscomments on the Atlantic Coast Pipeline ProjectProject under under FERC FERC Docket PF15- 6-000 on June 5, 20152015 [Accession(Accession numbernumber 20150605-5037)20150605-5037) and September 4,4, 2015 (Accession[Accession numbernumber 20150904-5192); andand under under FERC FERC Docket Docket CP15-554-000 on October 9, 2015 (Accession number 20151009-5088), DecemberDecember 15,15, 20152015 (Accession (Accession number 20151215-5207),20151215-5207), June June 9, 9, 2016 2016 (Accession [Accession number 20160609-5237),20160609-5237), JulyJuly 27,27, 2016 (Accession(Accession numbernumber 20160727-5064), and January 30, 2017 (AccessionCAccession numbernumber 20170130-5221).20170130-5221).

DCR-DNH offers offers the the following following comments comments on on thethe Atlantic Coast PipelinePipeline DraftDraft EnvironmentalEnvironmental ImpactImpact Statement (DEIS),[DEISJ, associatedassociated documents and thethe updated updated pipeline pipeline footprint. footprint. DCR-DNH DCR-DNH considers the pipeline footprint to include the construction right-of right-of-way, -way, accessaccess roads,roads, andand associatedassociated infrastructure. infrastructure.

Section 4.04. 0 Environmental Analysis

4.14. 1 Geology From DEIS,Page Page4-6, 4-6, paragraph paragraph 1, bulletbullet 3- "Contact "Contact landowners toto determine the location of private private waterwater wells and waterwater supply springs withinwithin 1501 SO feet feet (500 feetfeet in karst terrain) of approved construction workspaces, including near locations where blasting maymaybe be required. Pending landowner permission, preconstructionpreconstruction well testing would be conducted to evaluate water quality and yield. In thethe eventevent that that construction has has adversely affected the water quality quality and/or and/or yieldyield of of a a well,well, AtlanticAtlantic and and DTI DTI would conduct post-constructionpost-construction testing andand provide an alternative water water source source or or a a mutually agreeable agreeable solution."solution."

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Dye tracestraces withinwithin the general project area have shown connections ofofkarst karst features to springs and wells as far as 77 milesmiles away. ForFor areas areas northwest northwest of of the the Staunton/Pulaski/North Staunton/Pulaski/North Mountain Mountain Fault Fault system system (e.g.[e.g. the Ridge andand Valley), dye dye tracing tracing studies studies should should bebe performedperformed whereverwherever both 1) the ACP crossescrosses karstkarst terrainterrain AND 2)2) priorprior dye tracingtracing information doesdoes not exist or is insufficient. Fortunately,Fortunately, extensiveextensive dyedye tracing has been donedone along along several several areasareas crossed crossed by by the the ACP. ACP. DyeDye tracing tracing southeast southeast of of the the Staunton-Pulaski- Staunton-Pulaski- North Mountain fault system (in[in the GreatGreat Valley)Valley) is difficultdifficult toto perform andand cancan produceproduce misleadingmisleading results. ProfessionalProfessional discretion discretion on on the the part part of ofACP's ACP's consultants, inin consultation with agency agency expertise from DCR-DNH , ,VDEQ, VDEQ VDMME VDMME and and the the USGS, USGS, should should be be used used to to determine determine which which areas areas inin thethe Great Valley are appropriate for for dye dye trace trace studies studies (e.g. (e. g. Cochran's Cochran's Cave Cave area in in Augusta County). FurtherFurther discussion on this is under commentcomment onon Appendix-Karst TerrainTerrain Assessment Construction,Construction, Monitoring,Monitoring, and MitigationMitigation Plan, filed 11/27/2017,/27/2017, FERC FERC Accession Accession number number 20170127-5202 20170127-5202 below.

4.1.2.34. 1.2. 3 KarstKarst Geology Page 4-10, paragraphparagraph (item)[item) 22 -- Should note that globally globally significant cave systemssystems are located in the "Folded'Folded Appalachian Subsection ofof the Valley andand Ridge province".province". Most significantly, thesethese include the cavescaves ofofofBurnsville BurnsvilleBurnsville Cove,Cove, with withwith ~ — - 100km100km 100km ofof of mapped mapped mapped subterranean subterranean subterranean passages. passages.passages. ItemsItems 11 and 33 provide more descriptiondescription thanthan item item 2, 2, making making itit appearappear that that item item 2 2 (the [the Ridge Ridge and and Valley) Valley] is less significant in terms of caves andand karstkarst development.

Page 4-14, Highland County - Please note that DCR-DNH DCR-DNH did did not not commentcomment on thethe Valley CenterCenter areaarea (Dever Spring, etet cetera]cetera) because we do not currently have designated significant significant caves or documented cave cave biota biota in in the the area; area; however however it it is is sensitive sensitive from from a a karst karst perspective. perspective. DCR-DNH's DCR-DNH's involvement in thethe area to date has been performance of dye tracetrace studies showing thethe recharge area of of several springs. springs. DCR-DNH DCR-DNHrecommends recommends avoidance avoidance ofkarstof karst featuresfeatures toto thethe maximum extent practicable and monitoring of resurgence resurgence springs.

Page 4-15, Cochran's Cave - - ThereThere waswas aa miscommunicationmiscommunication in regards toto thethe Biodiversity Biodiversity RankRank (B-[B- Rank) ofCochran'sof Cochran's Cave.Cave. OnlyOnly the the state-listed state-listed tricoloredtricolored bat [Perimyotis(Perimyotis subflavus, G2G3/S1S3/NL/LE)G2G3/S1S3/NL/LE^ is knownknown toto be associated with thisthis cave. cave. TheThe B-rank B-rank is is 4th 4th order globally, not first order, placing placing it as moderately significant from from aa biodiversitybiodiversity perspective. perspective. However,However, additional recent biologicalbiological inventory resulted inin collection collection of cave obligate pseudoscorpionspseudoscorpions that areare likely likely to be very rare globally,globally, increasing the sites B-rank.B-rank. AlthoughAlthough the cavecave stream isis fedfed by upwelling water in in the the rear rear of of thethe cave, cave, the federallyfederally threatened Madison Madison Cave Cave isopod {Antrolana(Antrolana lira,lira, G2G4/S2/LT/LT)G2G4/S2/LT/LT^ has not been documented fromfrom the the cave. cave. AA relatively commoncommon species,species. Price's cave isopod [Caecidotea(Caecidotea pricei, G5/S3/NL/NL) has been collected fromfrom thethe cavecave stream.stream. Cochran's cave is a state designated significantsignificant cavecave under under the the Virginia Virginia CaveCave Protection ActAct of 1979.

Page 4-17, DCR-DNHDCR-DNH recommends recommends the the addition addition ofof dyedye trace trace studies,studies, afterafter finalfinal approvalapproval butbut priorprior to construction, as necessary toto determinedetermine the subterranean flowflow of water water entering karst features proximal to the project ROWROW oror constructionconstruction roads. InIn the the case case of of a release (i.e.[i. e. discharge of sediment or or contaminant contaminant toto a a karst feature), feature), potentially potentially impacted impacted stakeholdersstakeholders can can be be informed informed in a timely manner and spill recovery equipment can be deployeddeployed atat appropriateappropriate location(s.)location[s. ) AtAt thethe time of of the DEIS DEIS preparation, preparation, all springssprings and wells potentially impacted impacted byby thethe ACP ACP inin karstkarst had not been identified.

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Appendix-Karst Terrain Terrain AssessmentAssessment Construction, Monitoring,Monitoring, and and Mitigation Plan, filedfiled 1/27/2017, FERC FERC AccessionAccession numbernumber 20170127-5202 20170127-5202

DCR-DNH makes makes the the following following recommendations recommendations to to addressaddress the impacts of mitigation if a failure occurs and there isis a discharge to karst waters, potentially impacting subsurface habitat, drinking water, and surface streams fed fed by karst springs.

In Karst Survey Report Revision 1, 1, prepared by Geoconcepts Engineering for ACP and dated February 21, 2017, Geoconcepts staff presents the result ofofkarst karst surveys of the 71.371.3 miles of the proposed ACP alignment at the time crossing karst terrain.terrain. OfOf thethe 71.3 71.3 miles,miles, 62.3 62. 3 milesmiles were were reviewed in the field. The other 9 miles had not been covered yetyet duedue toto denialdenial ofof property property access.access. Part of the field review included designation of high risk karst features within oror inferredinferred to receive drainage from thethe 300' wide construction corridor.

High risk features associated with temporary construction facilities such as access roads and layout yards should also be identified and treated in the same manner, as these areas are just just as likely to cause problems during construction. HighHigh risk risk features features identifiedidentified duringduring thethe fieldfield surveysurvey of the remaining 99 miles, or in any subsequent adjustments to the preferred corridor, should also be included and treated in the same manner.

DCR believes it is imperative that the watershed identityidentity — - the spring or springs to which these featuresfeahu-es drain —- be be determined determined so so that that in in the the event event of of aa contaminantcontaminant releaserelease duringduring constructionconstruction or operation, appropriate notification of stakeholders and deployment of recovery and mitigation apparatusapparatis may occur in a timely manner. While the avoidance and mitigation measures proposed by Dominion ACP should drastically reduce the likelihood of any such release, mistakes happen, especially on a project of this scale. Too many times on other projects in karst areas around the world, the watershed identity of sensitive features has only been discovered whenwhen contaminants arrivearrive atat aa springspring oror well.well. By that point, it is very late in the game to start recovery and notification procedures.

It should be noted that the results of these hydrological delineations should not affect routing of the pipeline corridor, but rather are performed for the purpose of determining features potentially impacted by the selected corridor. Delineation of subterranean flows is necessary if the countermeasurescountenneasures portion of the SPCC Plan, cited page 1919 of the Karst Mitigation Plan, is to be effective in karst areas.

The primary way the watershed identity ofkarstof karst features is determined is through dye tracing methods connecting features to downstream waters,waters, mainlymainly springssprings andand cavecave streams.streams. ItIt is recommended that this technique be used, where applicable, to establish the watershed identity of the sensitive (high risk) karst features identified by Geoconcepts. ForFor several several areasareas along along thethe ACP, thisthis work has been done previously and VA DCR will provide existing dye trace information to Dominion and to Geoconcepts Engineering so that receptors of any potential contaminant releases in those areas can be identified. Geoconcepts has already performed successful dye trace studies pursuant to the ACP in the Cochrans Cave area of Augusta County, VA.

DCR is willing to work with Dominion, Geoconcepts Engineering, and representatives ofofVA-DEQ VA-DEQ to design the dye tracing study appropriate for thethe portionsportions ofkarstof karst crossedcrossed by by thethe ACPACP inin Virginia.Virginia. DEQ and DCR staff recognize that dye tracing will not work in some areas, and for these areas other criteria for determining potentially impacted waters will be used, as outlined in the next paragraph.

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At risk springs are those likely to be impacted by a release from a section of the ACP project construction area. TheseThese willwill bebe identifiedidentified by dye tracing methods where appropriate.appropriate. In karst areas characterized by more diffuse flow systems, such as portions of the Shenandoah Valley, such springs can be identified by a combination of proximity to the construction area, the local geological setting, and most importantly hydrochemical and hydrophysical characteristicscharacteristics fromfrom synopticsynoptic sampling.sampling. The most important of these characteristics are temperature response and electrical conductivity response to precipitation events. In particular, low conductivity springs (<~400(<-400 microsiemens per centimeter) that show a pronounced reduction in conductivity after precipitation events are at the most at risk. Springs that do not show either temperature or electrical conductivity responses to precipitation are deep circulating features producing water from a wide recharge area that has been underground for years to decades, and are as such are unlikely to be impacted significantly by any discharge from the project area. ResponsiveResponsive springs springs in in proximity proximity toto thethe project project constructionconstruction areaarea and and withwith aa clearclear geological connection are those most likely to be at risk in areas where dye tracing is impractical.

Virginia DEQ has already provided Geoconcepts Engineering with access to its spring database in areas crossed by the ACP corridor.

Spring monitoring is recommended for high risk springs, the subset of at risk springs that serve as water supplies for human consumption, or that serve as significant inputs to surface streams and water bodies that support rare, threatened, or endangered speciesspecies oror healthyhealthy waters.waters. DCR recommends monitoring high risk springs prior to and during construction. construction, Inhi discussion with DEQ staff, DCR-DNH karst protection staff concurs that these high risk springs should ideally be monitored continuously for turbidity, conductance, and temperature in addition to periodically sampled for hydrocarbons before and during pipeline construction. Establishing the normal range of spring responses for these parameters will be key to determining ififE&SC E&SC and Spill Prevention, Control, and CountermeasuresCountenneasures (SPCC) Plan measures employed during and after pipeline construction are protective ofofgroundwater groundwater and the surface waters to which it discharges.

Karst SurveySurvey Report,Report, Revision Revision 1,1, filed filed 2-24-2017 2-24-2017

DCRrecommends recommends analysisanalysis ofof thethe karstkarst hydrologyhydrology ofofthe the areaarea inin thethe report. Karst hydrological delineations are necessary in order to identify karst waters at risk were a release or discharge to occur from thethe pipeline workwork areaarea to to karstkarst features. SeeSee discussion above regarding the Karst Terrain Assessment Construction, Construction, Monitoring, Monitoring, and and Mitigation Mitigation Plan.

•. DCRconcurs concurs with with the the riskrisk assessmentassessment methodology outlined in the Karst Resource Report.

•. Karst field reviewreview needsneeds to be completed for thethe remaining 9 miles of the the 300' wide project corridor, as well as for layoutlayout yardsyards andand temporarytemporary construction roads, areas where erosion, sedimentation, and and contaminant contaminant releases releases are are equally equally likely likely to occur.occur.

•. DCRrecommends recommends also also citing citing Holsinger, Holsinger, J. J. R., 1975,1975, Descriptions of of VirginiaVirginia Caves:Caves: Virginia Division of Mineral Resources Bulletin 85,85, 450450 p.p. asas aa source source includedincluded inin thethe reviewreview ofof existingexisting karstkarst featuresfeatures locations within a 1%/2 mile wide KRA. KRA.The The VirginiaVirginiaSpeleological Speleological SurveySurvey (VSS)(VSS) database database containscontains most of this information.

•. On page 5,5, DCRDCRrecommends recommends that that rather rather than than specifyingspecifyingparallel parallel and/or and/or perpendicularperpendicular fractures, it is more accurate to say that enlarged joints occur in every orientation from from parallel to 5 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

perpendicular to strike, with a preponderance ofof fractures occurring either subparallel or nearly perpendicular to strike.

• On pagepage 5, DCRDCRrecommends recommends adding addingthat that covercover collapsecollapse sinkholessinkholes areare the type most likely to occur in response to land disturbance suchsuch as as grading, stormwater discharge, discharge, discharge of hydrostatic test water, et cetera to this section.

• DCRrecommends recommends changing the title ofof "The Folded Appalachians" to "The"The Allegheny Highlands Section" or "Ridge andand ValleyValley Section" Section"throughout throughout thethe report.report.

Appendix -- Cochran'sCochran's Cave Conservation Area and Moffett LakeLake InvestigationInvestigation Update, filed 1/27/2017, FERC FERC AccessionAccession numbernumber 20170127-5202 20170127-5202

DCR-DNHsupports supports the the ongoing ongoing effortsefforts byby GeoConcepts GeoConcepts to to characterize characterize thethe karstkarst geology andand hydrology within the Cochran's Conservation Site.Site. ConservationConservation sites are tools for representing key key areas of of the landscape that warrant further further review review for for possible possible conservation conservation action action because of the the natural heritage resources and and habitat theythey support. ConservationConservation sites sites are are polygons polygons built around one or more rare plant, animal, or natural community designed to include the element and, where possible, its associated habitat, and buffer or other adjacent land thought necessary for thethe element's conservation. ConservationConservation sites are given a biodiversity significance rankingranking basedbased onon thethe rarity,rarity, quality, andand numbernumber of elementelement occurrences they contain;contain; onon aa scalescale ofof 1-5, 1 being most significant. Cochran's Conservation Site has been given aa biodiversity significancesignificance rankingranking of ofB4, B4, which representsrepresents a asite site of of moderate moderate significance. significance. DCR-DNH DCR-DNH continues to recommendrecommend the the avoidance avoidance of of the Cochran's Cochran's Conservation Site entirely, thethe investigations underway andand ongoing ongoing adjustments to to the the details details of of the alignment alignment have have severely reduced reduced thethe likelihood likelihood of a significant impact toto thethe cavecave oror itsits associatedassociated biological biological andand hydrologicalhydrological resources. resources. The presence of onsite, authorized karst specialists during the construction construction phase phase of of the pipeline through this very sensitive area is is absolutely essential to ensure safe construction.

4.44.4 Vegetation From DEIS,DEIS, PagePage 4-1314-131 -- "The"The proposed pipeline crosses the Spruce Creek Tributary Conservation site between AP-1 AP-1 MPs MPs 162.162.11 and 162.162.6.6. The conservation site was established established byby the the DCR-DNH DCR-DNH to to protectprotect a central Appalachian low-elevation acidic seepage swamp. WhileWhile the currently proposed route does not cross the seepage swamp, the routeroute crossescrosses the protection buffer,buffer, oror conservation site, around the swamp."swamp."

DCRcontinues continues toto recommendrecommend avoidance of the the Spruce Creek TributaryTributary Conservation Site. Site. On page 4-135, it is stated that of of the 13 13 conservation conservation sites sites crossed crossed by by the the pipeline, pipeline, DCR-DNH DCR-DNH recommended that that only only 3 3 sitessites be be avoided: avoided: Handsom-Gum Handsom-Gum Powerline, Powerline, Branchville Branchville Powerline, and Emporia Powerline Bog Bog Conservation Sites. AccordingAccordingto to the the RevRev 1 11a la alignment alignment and and subsequentsubsequent centerline modifications filed filed with FERC (Revllb)(Rev11b) onon JanuaryJanuary 19, 19, 2017,2017, 1818 ConservationsConservations Sites and 4 Stream Conservation Units (SCUs) are are intersected intersected byby thethe pipelinepipeline footprint. This discrepancy is due to multiple pipeline route adjustments adjustments since since FERC FERC began compiling compiling information for for the DEIS DEIS and and thethe creation of 2 new conservation sites sites (NFS (NFS Road Road Site Site and and Gum) Gum) and and 1 1 new new SCU SCU (Cowpasture[Cowpasture River-Rt. River-Rt. 678) 678) in in 2016 2016 by by DCR- DCR- DNH due due to to updated updated informationinformation aboutabout natural heritage resources.resources. SCUsSCUs identifyidentify streamstream reachesreaches thatthat contain aquatic natural heritage resources, resources, including including 2 miles upstream and 1 1 mile downstream of documented occurrences, and all tributariestributaries within this reach.

The statement onon page page 4-135 4-135 thatthat 13 13 sites sites are are crossed crossed and and DCR-DNH DCR-DNH recommendsrecommends avoidance of only threethree is incorrect. DCR-DNHDCR-DNH continuescontinues toto recommendrecommend avoidanceavoidance ofof allall conservation sitessites and and SCUs. SCUs.

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In regards toto thethe Handsom-Gum Handsom-Gum Powerline, Branchville Powerline, and EmporiaEmporia Powerline BogBog Conservation Sites,Sites, DCR-DNH continues continues to to coordinate coordinate with with Atlantic Atlantic in in regards regards to to potential potential impactsimpacts toto thesethese conservation sites and has not provided concurrence with the proposed minimization measures at these three conservationconservation sites.

A hydrologyhydrology studystudy is proposedproposed for the Handsom-Gum Powerline and Emporia Powerline Bog conservationsconservations sites to determinedetermine ifif the constructionconstruction ofof the proposed pipelinepipeline willwill impact the wetland systems which support thethe rare rare plant plant species species atat these sites.sites. ItIt is is stated stated that that habitat habitat for for these these rare rare plant plant species species will will be created byby co-locationsco-locations at both the Handsom-GumHandsom-Gum Powerline and Branchville PowerlinePowerline conservation sites. While the expansion of mowed area ofof the existing right ofof way maybemay be expanded slightly, thethe pipeline construction may may also also be adversely impactful due to soil compaction from constructionconstruction staging or other needs necessitating thethe use use of of heavy machinery in the existing rare plant habitats at at both both Branchville Branchville Powerline and Handsom-GumHandsom-Gum PoweriinePowerline conservationconservation sites.

At thethe Emporia Powerline Powerline Bog Bog conservation site, site, based based on on the the alignment alignment modifications modifications filedfiled with with FERC FERC on January 19, 2017 the pipeline has been moved toto thethe north of the the wetland bog. While thisthis re-routere-route may lessen the impactsimpacts to the rare plants andand aa hydrology study is proposedproposed toto determine the impacts to the wetland system system from from the the construction construction of of thethe pipeline, pipeline, DCR-DNH DCR-DNH continuescontinues toto recommendrecommend avoidance of Emporia Bog Powerline Conservation Site. DCR-DNHDCR-DNHrequests requests coordinationcoordination withwith Atlantic priorprior to construction atat the the Handsom-Gum Handsom-Gum Powerline,Powerline, EmporiaEmporia Powerline Powerline Bog, Bog, and Branchville Powerline Conservation Sites. As discussions are currently on-goingon-going about avoidance and minimization of impacts at these sites, sites, DCR-DNH DCR-DNH recommends recommends any any additional additional commentscomments andand recommendationsrecommendations bebe included included byby Atlantic as part of of the the FERC FERC certification.certification. During construction, aa DCR-DNHDCR-DNH botanist botanist isis available available forfor consultationconsultation on site to ensure recommendationsrecommendations are implemented by the contractor.

4.4.44.4.4 NoxiousNoxious Weeds and Other Invasive Plants On 4-143 Wavyleaf grassgrass is mentioned, but but no no specifics specifics are are given given of of its its location. location. Also, Also, lists of invasive species encountered, including designated federalfederal noxious noxious weeds, does not include Wavyleaf grass. For clarification purposes, DCR-DNHDCR-DNH requests requests the Wavyleaf grassgrass location via shapefile if possible as well asas details of population.population. The subsequentsubsequent conflicting informationinformation indicates the plants may may have been found found either in in North North Carolina Carolina or in southeastern Virginia. Virginia.

4.7.44. 7.4 State-Sensitive Species On page 4-2614-261 -Surveys werewere conducted for the Allegheny woodrat woodrat (Neotoma [Neotoma magister), southern rock valevole (Microtus[Microtus chrotorrhinus carolinensis),carolinensis), southern water shrew {Sorex(Sorex palustris punctulatus), and American waterwater shrew (Sorex palustris) (refer[refer toto tabletable S-2 S-2 inin appendix S). Surveys areare pendingpending at 9.69. 6 miles of survey survey corridor on both the GWNF GWNFand and privateprivate lands,lands, andand areare anticipatedanticipated to be completed inin June 2017. DCR-DNHDCR-DNH requests requests surveyssurveys uponupon completion.

4.7.4.24.7.4.2 Virginia On page 4-260-4-260- AsAs ofof NovemberNovember 2016,2016, approximatelyapproximately 55.55.99 milesmiles havehave notnot beenbeen surveyed for biological resources in Virginia; thesethese surveys are expected to bebe completedcompleted inin 2017. 2017. DCR-DCR- DNH requestsrequests copiescopies ofof thethe 20172017 surveyssurveys upon completion.

Cave InvertebratesInvertebrates On pagepage 4-264,4-264, thethe DEISDEISstates states "discussions "discussions regarding regarding potentialpotential impactsimpacts toto karstkarst and species habitat are are ongoing ongoing with with the the FERC, FERC, FWS, FWS, FS, FS, WVDNR, WVDNR, and VDGIF". VDGIF". DCR-DNHDCR-DNH appreciates appreciates thethe continued coordination ofofkarst karst information and requests toto be be added added as as one one of of the agencies reviewing and commenting onon karstkarst related issues.

7 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Section 5.05. 0 Conclusions andand RecommendationsRecommendations

5.15.1 Conclusions of Environmental Analysis

5.1.15.1.1 Geologic Resources DCR-DNHstrongly strongly recommends recommends addition addition ofof a a provision provision toto perform,perform, wherewhere absentabsent or insufficient, dye trace studies to delineate contributingcontributing areasareas to to karst karst waters waters potentially potentially impacted impacted by by ACP ACP construction and and operation. operation. This This should should be be performed performed in in close close coordination coordination withwith DCR-DNH's DCR-DNH's karst protection staff.

5.1.3.35.1.3.3 Wetlands On pagepage 5-6, "Additionally,'Additionally, thethe AtlanticAtlantic and DTI wouldwould mowmow andand maintainmaintain a 10-foot-wide corridor centered over the pipeline withinwithin wetlands inin an herbaceous state.state." " DCR-DNH requests requests additionaladditional information on how thethe 10 foot wide permanent right-of-way centeredcentered over thethe pipelinepipeline would be maintained inin an an herbaceous statestate due due to to the the potential potential for for impacts impacts toto DCR DCR powerline bog bog conservation conservation sites: sites: Handsom-Gum Handsom-Gum Powerline, Emporia Emporia Powerline Bog and Branchville Powerline. DCR-DNHDCR-DNH recommends recommends the the same same management management stylestyle bebe appliedapplied to the pipeline right-of-wayright-of-way as with other Dominion transmission lineline right-of-ways right-of-ways forfor rare plants. DCR-DNH also also recommends recommends the the adjacent adjacent pipeline pipeline right-ofright-of -way-way and and existing existing transmission transmission right-of-way should be managed as one unit within thethe threethree "bog""bog" conservation conservation sites.sites.

5.1.45.1.4 Vegetation On page 5-7, the DEISDEIS states states "ACP "ACP andand SHPSHPwould would alsoalso impact impactvegetation vegetation communitiescommunities of special concern...13concern... 13 Virginia Natural Natural Heritage Heritage Conservation Conservation Sites; Sites; 2 2 Virginia Virginia SCUs...OfSCUs... Ofthe the VirginiaVirginia Natural Heritage Conservation Sites crossed, thethe VDCRrecommended recommended thatthat Atlantic avoid the Handsom-Gum, Handsom-Gum, Branchville, andand Emporia PowerlinePowerline BogBog ConservationConservation Sites Sites to to conserve conserve documented documented naturalnatural heritage resources. Complete avoidanceavoidance waswas notnot consideredconsidered practicable practicable duedue toto thethe orientationorientation and size of the Conservation Sites, butbut AtlanticAtlantic proposedproposed avoidingavoiding direct impactsimpacts to the element occurrences. Further correspondence with the the VDCR VDCR is is pending pending and,and, as as such, such, we we have have recommended recommended thatthat AtlanticAtlantic continuecontinue to consult with VDCR VDCRon on Atlantic's Atlantic'sproposed proposedavoidance avoidanceand andminimization minimization measures measures atat the Handsom- Gum, Branchville,Branchville, andand Emporia PowerlinePowerline Bog ConservationConservation Sites,Sites, andand filefile correspondencecorrespondence fromfrom the VDCR demonstrating demonstrating concurrenceconcurrence and/orand/or additional recommendations fromfrom the the VDCR."As VDCR. "As mentioned above, above, DCR-DNH DCR-DNHreiterates reiterates that that we we recommend recommend avoidanceavoidance ofof allall conservationconservation sites intersectedintersected byby the pipeline, notnot just the 3 powerline bog conservation sitessites crossed by the currentcurrent ACPACP route.route.

5.1.55. 1. 5 Wildlife "In"In addition, AtlanticAtlantic has thethe potentialpotential to have significant adverse impactsimpacts onon subterraneansubterranean habitat and the species associated withwith this habitat type. The development of karst features could be initiated by the physical disturbance associated with trenching, trenching, blasting,blasting, or grading, or by diverting or discharging water into otherwise stable karst features. In addition, the development of karstkarst featuresfeatures along the ground surface greatly increases the susceptibility of underlying underlying aquifersaquifers to to contaminationcontamination sources originating at at the the ground ground surface.surface. Atlantic's Atlantic's and and DTI's DTI's Karst Karst Mitigation Plan (appendix I) outlines the measures that would be be taken to to avoid avoid or minimize these potential impacts; impacts; however, subterranean obligate obligate species species are often endemic endemic to to onlyonly a few known locations, locations, and are vulnerable to changes in hydrological pattern or water quality; therefore, it is possible thatthat impacts associated with construction activitiesactivities couldcould havehave population population levellevel effects effects on on these these species. species. Discussions regardingregarding karst impacts and and impacts impacts to to wildlife wildlife that that inhabit inhabit thesethese featuresfeatures are are ongoing ongoing between between the the FERC, FERC, FWS, FWS, FS, FS, WVDNR, and VDGIF." VDGIF." DCR-DNHappreciates appreciates the the continued continued coordinationcoordination ofkarstof karst informationinformation and documents and requests to be added as one of the agencies reviewing and commenting on karst related issues. 8 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

5.1.65.1.6 Aquatic ResourcesResources 'Atlantic"Atlantic and and DTI DTI would ensure thatthat hydrostatic test water appropriations appropriations and discharges would not result in a significant entrainment ofof fish, fish, loss of habitat,habitat, or an adverse impactimpact on waterwater quality. Discharge wouldwould complycomply withwith regulatoryregulatory permit conditions and be controlled to prevent scour and sedimentation, flooding, or the introduction ofof foreign or toxic substances into the aquatic system. Atlantic and DTI wouldwould minimizeminimize the potential for spills to impact aquatic resources by implementingimplementing the measures containedcontained inin their their SPCC SPCC Plan."Plan. " DCR-DNHsupports supports best best management management practices practices to ensure hydrostatic tests dodo not impact natural heritageheritage resources.

"FERC"FERCrequests requests Atlantic Atlantic and and DTIDTIfile file an an analysis analysis that that identifies identifies alternativealternative waterwater sources and discharge locations considered forfor waterbodieswaterbodies with documented oror assumed assumed presence presence ofofESA-listed ESA-listed or under review species. AtlanticAtlantic and DTI shouldshould alsoalso detaildetail whywhy thethe alternativesalternatives cannot be utilized, and define FWS-approved conservationconservation measuresmeasures thatthat would be implemented toto protect ESA-listedESA-listed and under review species.species. Also, AtlanticAtlantic and DTI shouldshould filefile aa listlist ofwaterbodiesof waterbodies supporting ESA-listedESA-listed or under review species (survey-documented and assumed) that would would be be crossed crossed by or adjacent to proposed accessaccess roads,roads, along along with with aa detaileddetailed descriptiondescription of of thethe conservationconservation measuresmeasures thatAtlanticthat Atlantic and DTI wouldwould implementimplement toto reducereduce impactsimpacts on on ESA-listed ESA-listed and under review species from access road construction and use."use. " DCR-DNH supports supports avoiding avoiding and and reducingreducing impactsimpacts to RTE species species from water withdrawal and discharge locations through identification of alternatives and implementation of conservation measures.

"The"The Forest ServiceService requested requested thatthat AtlanticAtlantic completecomplete aa baselinebaseline benthicbenthic macroinvertebratemacroinvertebrate survey at waterbodies crossedcrossed by byACP ACP onon thethe GWNF. Two Two of of the the streams streams toto bebe sampledsampled werewere notnot surveyed, includingincluding Laurel Run. Therefore,Therefore, wewe havehave recommendedrecommended thatthat Atlantic perform and file file the results of baseline benthic macroinvertebrate surveys surveys at at Laurel Laurel Run, as well well asas commentscomments onon thethe resultsresults from from the GWNF."GWNF. " DCR-DNH requests requests copies copies of of this this survey survey reportreport uponupon completion.completion.

5.1.75. 1.7 Special Status Species "While"While Atlantic and DTI DTI conducted surveys for several federally listedlisted speciesspecies or species under review, survey access was not availableavailable inin allall cases. In addition,addition, AtlanticAtlantic and DTI havehave not provided conservation measures toto addressaddress potential impactsimpacts to to these these species species in in all all cases. cases. Therefore, we have recommended that Atlantic Atlantic and and DTI DTI should not begin construction of of the proposed proposed facilities until all outstanding biologicalbiological surveyssurveys areare completed, thethe FERC FERC staffstaff have completed any necessary Section 77 consultation with the the FWS, FWS, and Atlantic and DTI havehave receivedreceived writtenwritten notification fromfrom the DirectorDirector ofofOEP OEPthat that constructionconstruction and/orand/or use of mitigation mitigation (including[including implementation of conservation measures) may begin."begin. " DCR-DNH supports supports construction construction not not beginningbeginning untiluntil allall biologicalbiological surveys have been completed, reviewed andand consultation carriedcarried out with the appropriate agencies and if appropriate implementation of conservationconservation measures.

"The"The Virginia Endangered Species Act designates thethe VDGIF VDGIFas as thethe agencyagency responsibleresponsible forfor managingmanaging Commonwealth fish and and wildlife wildlife species, species, and the VDCR-DNH VDCR-DNH as as managing managing CommonwealthCommonwealth plantplant and insectinsect species. Based onon surveysurvey datadata providedprovided byby AtlanticAtlantic throughthrough November 22, 2016, therethere are 13 Virginia listed or sensitive fish fish or wildlife species, andand 26 26 plant plant species that occur within ACP ACP project project area and may be adversely impacted by project activities. Atlantic and DTI areare currentlycurrently workingworking with the VDGIFVDGIFand and VDCR-DNHVDCR-DNH to to identify identify conservation conservation measuresmeasures for these species." species. " Under aa Memorandum of Agreement Agreement establishedestablished between thethe Virginia Virginia DepartmentDepartment ofof Agriculture and ConsumerConsumer Services Services (VDACS) (VDACS) and and the the DCR-DNH, DCR-DNH, DCR-DNH represents represents VDACS in in comments comments regarding potential impacts on state-listed threatened and endangered plant and insectinsect species. DCR-DNH DCR-DNHsupports supports continuedcontinued coordinationcoordination withwith agenciesagencies to avoid and minimize impacts to rare, threatenedthreatened and endangeredendangered resources. resources. 9 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

"Due"Due to to pendingpending surveysurvey results,results, conservationconservation measures,measures, andandconsultations consultations withwith thethe appropriateappropriate statestate agencies, inin particularparticular withwith regard to bat species and bat hibernacula, subterranean obligateobligate species,species, and aquatic species, ourour determinationdetermination regarding the overall impacts on state-listed and sensitive species is Conclusions and and Recommendations Recommendations 5-165-16 pending.pending. Therefore,Therefore, we we havehave recommended recommended thatthat Atlantic file an evaluation of the impactsimpacts and and species species specific conservation measures, developed in coordination withwith the the applicable applicable federal federal and and state state agencies agencies (WVDNR; (WVDNR; VDGIF VDGIF and/orand/or VDCR-DNH; VDCR-DNH; and NCWRCand/or and/or NDEQ),for for several several species species listed listed in in the the EIS EISwhere whereAtlantic Atlantic has has identifiedidentified potential potential impacts and/or wherewhere the the appropriate appropriate agency agency has has requested requested additional additional analysisanalysis or conservation measures. Where survey data is still pending,pending, AtlanticAtlantic shouldshould workwork withwith thethe appropriate agencies to identify the conservation measures thatthat would be implementedimplemented if thethe species and/and/or'or suitable habitathabitat are identified during preconstruction surveys, surveys, or where presence has been assumed."assumed. " DCR-DNH supports FERC's FERC'srecommendation recommendationfor for Atlantic's Atlantic's continued continuedcoordination coordinationwith with statestate agenciesagencies in regards toto potentialpotential impactsimpacts state-listedstate-listed andand sensitivesensitive species.

5.25.2 FERCStaff's Staffs RecommendedRecommended Mitigation

37. (5-34(5-34 and and 5-35) Prior to the close close of of the draft EIS EIS comment comment period, period, Atlantic and and DTI DTI shall file with the Secretary a revised fragmentationfragmentation analysisanalysis that includes includes the following: a. Analysis basedbased on on applicableapplicable statestate and federal agency datasets, including: /.L WestWest Virginia Virginia statestate forestforest fragmentation fragmentation data data producedproduced byby the the NRAC NRAC at at West Virginia University; ii.». VDCRVaNLA VaNLAproject; project; andand iii.»/. Consult with the FS, FS, NCWRC, and and NCDEQNCDEQ to to determine determine the the appropriate appropriate datadata setssets to use in the MNF, MNF, GWNF, andand NorthNorth Carolina, respectively.respectively.

b. If CISGIS databases databases are are not not available available for for the the project project location, location, then then manual manual interpretationinterpretation of interiorinterior forest blocks greater than oror equalequal toto 3535 acres shall be identifiedidentified and evaluated forfor project impacts;

c. Edge habitathabitat is consideredconsidered toto bebe 300-foot300-footforested forested bufferbufferfrom from aa corridorcorridor/disturbance/disturbance with interior forest forest starting at the the point point beyond beyond the the 300-foot 300-foot edgeedge buffer;

d. Develop aa tabletable forfor eacheach statestate and for for NFS landslands with with thethe followingfollowing data forfor each forested forested interiorinterior tract:tract: typetype of of interior interior forest forest (e.g., [e. g., edge, edge, patch, patch, small small core, core, largelarge core, core, oror ecological integrityintegrity category),category), county, enter andand exit exit milepost, milepost, lengthlength crossed (feet), and area affected directly (interior forestforest cutting) and indirectlyindirectly (buffer zone areas of remaining forestforest immediately adjacentadjacent to to oneone or or both sides sides of the new corridor that would no longerlonger be classified as interiorinteriorforest forest due toto thethe new, project-related disturbances]disturbances) for for both construction and operation; and

e. Discuss howhow thethe creationcreation ofofforest forest edgeedge oror fragmentation fragmentation would affect habitat andand wildlife, includingincluding potential impactsimpacts on on federally listedlisted threatened and and endangered species and migratory birds.birds. Describe measuresmeasures that Atlantic and DTI willwill implementimplement to avoid, minimize, or mitigate impacts on interior/coreinterior-/core forest habitat. habitat. (Section[Section 4.5.6)4. 5. 6)

DCR-DNH considers considers a a buffer buffer of of the the proposed proposed footprint footprint to to be be an an underestimate underestimate of the indirect impacts of thisthis landscape level disturbance to interior forests and the ecological 10 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

functions and services thosethose forested forested cores cores provide provide DCR, DCR, working with other VirginiaVirginia state agencies,agencies, has has developed developed an an analysis analysis of of forest forest fragmentation fragmentation for for the the ACP, ACP, and recommended mitigation activities. TheseThese activitiesactivities wouldwould more adequately compensate for thethe degradation of interiorinterior forestforest and decreased forest values that are not accounted for via other regulatoryregulatory requirementsrequirements (e.g.(e.g. wetland impacts, impacts to threatened & endangered species).species). This ThisThis analysis analysis will will be be provided provided to to to Atlantic Atlantic Atlantic and and and FERC FERC FERC within within the thethe DEIS DEIS comment period to address forest fragmentation included in the following sections of of the DEIS:

■. Appendix H- ForestForest Fragmentation Analysis-SupplementaIAnalysis-Supplemental FilingFiling JanuaryJanuary 10, 2017 ■. Executive Summary (ES) pagespages 1010 and 11 ■. 4.5.64. 5. 6 HabitatHabitat Fragmentation and Edge Effects,Effects, Page Page 4-164 4-164 toto 4-1664-166 ■. 5.1.45.1,4 Vegetation, Page 5-7 ■- 5.1.55.1.5 Wildlife, Page 5-9 ■. 5.25. 2 FERC Staffs Staffs Recommended Recommended Mitigation Mitigation pagepage 5-345-34 toto 5-355-35

DCR-DNH supports supports the the followingfollowing FERC recommendations: recommendations:

5. (Page 5-28) Atlantic and DTI shallshall filefile withwith thethe SecretarySecretary detailed detailed alignment maps/sheets andand aerial aerial photographs photographs at at a a scale scale not not smaller smaller thanthan 1:6,000 1:6, 000 identifying identifying all route realignments or facilityfacility relocations;relocations; staging areas;areas; pipe storage yards; new access roads; and other areas that that would would bebe usedused or or disturbed disturbed and and have have not not been been previously previously identifiedidentified in filings withwith thethe Secretary. ApprovalApproval forfor eacheach ofof thesethese areasareas mustmust be explicitly requestedrequested in writing. For each area,area, thethe requestrequest must include a description of thethe existingexisting landland use/coveruse/cover type, documentation of landowner landowner approval, whether any cultural resources or or federally- federally- listed threatened or or endangered endangered speciesspecies wouldwould bebe affected, affected, and and whether whether any other environmentally sensitive areasareas are are within within or or abutting abuttingabuttingthe thethe area.area. All All areas shallshall be clearly identified on thethe maps/sheets/aerialmaps/sheets/aerial photographs.photographs. Each Each areaarea mustmust be approved inin writing by the DirectorDirector of ofOEP OEP before constructionconstruction inin or or nearnear thatthat area. Examples of alterationsalterations requiring approval includeinclude all route realignmentsrealignments andand facility facility location changes resulting from:

a. implementation of cultural resources mitigation measures; b. implementationimplementation ofof endangered, threatened,threatened, oror special concern species mitigation measures c. recommendations by state regulatory authorities; and d. agreements with individual individual landowners that affect affect other landowners or or could could affect sensitive environmental areas.

15. (5-32) Prior to the close of the draftdraft EIS EIS comment comment period,period, Atlantic shall consult with the VDCR to to determine determine if if the the route route alignmentalignment andand constructionconstruction activities would impact the Cochran's Cave Cave Conservation Site Site or or Cochran's Cochran's Cave Cave No. No. 2. AtlanticAtlantic shallshall filefile withwith thethe Secretary the result result of of itsits consultations consultations with with thethe VDCR VDCR along with with anyany project project design change proposals toto avoidavoid impactsimpacts toto thesethese sites. sites. (Section [Section 4.1.2.3)4. 1. 2. 3)

21. (5-32) Prior to construction, Atlantic shall complete thethe remaining field surveys for wells and springs within 150 feet of the construction workspace, and within 500500 feet of the construction workspace inin karst terrain, terrain, and and file file the the results, results, includingincluding type and location, with the Secretary. Secretary. (Section(Section 4.3.1.5)4. 3. 1. 5) 1111 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

22. (5-33) Prior to construction, Atlantic shallshall consultconsult thethe appropriateappropriate state agencies to identify additional mitigation procedures procedures to be implemented in thethe event construction activities intercept a saturated karst karst conduit conduit andand filefile with the Secretary the the measures that it will implement to minimize these impacts, for review andand writtenwritten approval ofof the Director of OEP. (Section (Section 4.4.3.1.7)3. 1. 7)

23. (5-33) For water supply wells and springs wells within 500 500 feet feet of of identified contaminated soilsoil or or groundwater groundwater site, site, Atlantic Atlantic and and DTI DTI shall complete preconstruction and post-construction water quality quality tests, and and analyze analyze for contaminants of of concern from the potential potential source. source. (Section (Section 4.3.1.7) 4. 3. 1. 7)

30. (5-33) Prior to construction, Atlantic shall continue to to consult consult with with the the VDCR VDCR on Atlantic's proposed avoidanceavoidance andand minimization minimization measures atat the the Handsom-Gum, Handsom-Gum, Branchville, and Emporia Powerline BogBog ConservationConservation Sites, andand filefile withwith thethe SecretarySecretary any correspondence demonstrating concurrence and/or additional additional recommendationsrecommendations from the VDCR.(Section (Section 4. 4.4.2.2)4.2. 2)

34. (5-34) Prior to the close of of the draft EIS EIS comment comment period,period, Atlantic shall file withwith the Secretary, and and provide provide to to the the FWS, FWS, FS, FS, WVDNR, WVDNR, and and VDGIF, VDGIF, aa revisedrevised Karst Mitigation Plan,Plan, developed in coordination with the appropriate agencies agencies that takes into account unknown underground features,features, porosity,porosity, and connectivity of thesethese subterraneansubterranean systems, and the potential implications to subterranean obligateobligate species. species. ConservationConservation measures includedincluded in the revised Karst Mitigation PlanPlan shall be designed toto appropriatelyappropriately addressaddress these potential impacts. (Section[Section 4.5.2.4) 4. 5.2.4)

45. (5-36) Atlantic and DTI shallshall notnot beginbegin constructionconstruction of the the proposedproposed facilities until: a. all outstanding biological surveys are completed; b. the FERC FERC staffstaff complete complete anyany necessary necessary Section 7 consultation with the the FWS; FWS; c. Atlantic and DTI havehave receivedreceived writtenwritten notification from from the Director Director of ofOEP OEP that that construction and/or use use of of mitigation mitigation (including[including implementation of conservation measures) may may begin.

Draft BioloeicalBiological Assessment.Assessment. lanuarvlanuary 20172017

Indiana and Northern Long-eared bats •. DCR supportssupports the USFWSrecommendation recommendation ofof adhering to to a a TOYRTOYR [Time(Time ofof YearYear Restriction) Restriction) for the removal of potentialpotential roost trees forfor the IndianaIndiana bat (p.Cp. 120) and the Northern Long-earedLong-eared bat (p.[p. 144).144).

Roanoke Logperch •. DCR supportssupports thethe use of HDD method method toto crosscross thethe NottowayNottoway RiverRiver atat milepostmilepost 32.32.6.6. ForFor otherother stream crossings crossings including including Nottoway Nottoway River River at at MP MP 260.7, 260. 7, Waqua Waqua Creek Creek at MP MP 267.267.4,4, andand Sturgeon Creek at MPMP 272.272.0,0, DCR supports supports the VDGIF TOYR TOYR for for construction construction in in waters waters that that containcontain thethe Roanoke logperch (p. 154).

Atlantic Pigtoe •. DCR requests requests aa copycopy ofof thethe Atlantic Atlantic pigtoe pigtoe survey survey that that documenteddocumented the Atlantic pigtoepigtoe atat Nottoway River [MP(MP 260.260.7)7) andand atat Sturgeon Creek CMP(MP 272.272.0)0) accordingaccording to to thethe informationinformation contained on page 171.171. 1212 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

•. DCR supports supports thethe HDD method method forfor the the crossingcrossing ofof thethe JamesJames RiverRiver to to be be protective protective ofof freshwaterfreshwater mussels.

Plant Surveys • DCR-DNHrequests requests shapefiles shapefiles for for rare rare plant plant locationslocations fromfrom 20162016 plantplant surveys.surveys. PlantPlant locationslocations are currently plotted plotted on on aerial aerial photos photos and and are are difficult difficult toto locatelocate on a map due to differences in aerial photo year, quality, resolution, etc.etc. (e.g.(e. g. the new location for Ludwigia ravenii) DCR-DNH requests requests the resultsresults of of any 2017 plant surveys.

•. There isis a Valley Doll's-daisy (Boltonia montana, G1G2/S1/NL/LE)G1G2/S1/NL/LEJ occurrenceoccurrence withinwithin 80 meters of the impactimpact footprint and other rare rare species species within within 200-400m. 200-400m. This conservation site is intersectedintersected by Rev 11blib which was re-routed to to avoid avoid the the Lyndhurst Lyndhurst Pond Pond Conservation Conservation Site. Site. According According to to ACP ACP correspondence dateddated March March 28, 28, 2017, 2017, a a surveysurvey was was conducted conducted in in the the Campbell Campbell andand Grove Grove Farm Ponds Conservation Site in August 2016 to search for Boltonia montana,montana, as well asas otherother targettarget species including Helenium virginicumvirginicum and state-listed plants; no sensitive species were identified during survey.

•. Please note for rarity ranks forfor plantplant species, species, Atlantic referenced the FebruaryFebruary 20162016 Rare Rare Plant Plant List. List. The Rare Plant List was updated in in November November 2016 2016 and and is is on on the the DCR-DNH DCR-DNH website website at http://www.dcr.virginia.gov/natural-heritage/document/plantlist17.pdfhttD://www.dcr.vireinia.eov/natural-heritaee/document/DlantIistl7.Ddf

Wildlife Surveys •. Loggerhead Shrike Survey -- NegativeNegative survey survey resultsresults atat allall potentiallypotentially suitable habitat sites. sites. DCR-DCR- DNH supportssupports tree removal removal occurring occurring outside outside the the Time Time of of YearYear Restrictions. Restrictions. VDCR-DNH VDCR-DNH recommends continued continued coordination coordination with with VDGIF VDGIFto to ensureensure compliancecompliance withwith protectedprotected species legislation.

•. Fish and Mussel Survey [on [on GWNF GWNF section section of pipeline]pipeline] - DCR-DNHrecommends recommends continuedcontinued coordination withwith USFWS USFWS andand VDGIFVDGIF to to ensure ensure compliance compliance with with protected protected species legislation.

•. Virginia Fish Relocation Plan [Roanoke logperch [Percina(Percina rex, G1G2/S1S2/LE/LE) plus allall fish of any species occupying barricaded streamstream crossing crossing areas]. areas]. DCR-DNH DCR-DNH recommends recommends adherenceadherence to the relocation protocolsprotocols providedprovided by by VDGIF VDGIF andand USFWSUSFWS and and recommends recommends continued continued coordinationcoordination with these agencies agencies to ensure compliance compliance with protected species species legislation. legislation.

•. Small Mammal SurveySurvey - - FourFour streamstream crossing in Highland CountyCounty werewere identifiedidentified as suitable habitat for Southern waterwater shrew [Sorex(Sorex palustrispalustris punctulatus,punctulatus, G5T3/S1S2/NL/LE), andand DCR DCR recommends continued continued coordination coordination with with VDGIF. VDGIF. According to ACPcorrespondence correspondence dated March March 28, 2017, Small MammalMammal SurveysSurveys are are stillstill ongoing ongoing and and an an updated updated surveysurvey reportreport will be provided in the summer summer of of 2017. 2017. DCR DCRrequests requests copies ofof thethe surveysurvey report.report.

•. Insect Survey inin GWNF October October 2016 2016 - - DueDue to to multiple multiple factual factual errors errors inin speciesspecies accountsaccounts and misspellings of scientific names,names, DCRrecommends recommends comparing comparing speciesspecies namesnames andand informationinformation to the "Atlas of rarerare butterflies, skippers,skippers, moths, moths, dragonflies dragonflies & & damselfliesdamselflies ofof Virginia", Virginia", available at http://www.vararespecies.org/listhttp://www.vararespecies.Qrg/list. DCR DCR supports the mitigationmitigation measures planned planned to to minimizeminimize impacts for Maureen's shale stream beetle ^Hydraena(Hydraena maureenae, G2?/S2?/NL/NL)G2?/S2?/NL/NLJ including erosion and sediment controlcontrol measures,measures, minimizingminimizing disturbance to gravel bars along streams, and using dry stream crossing techniques for construction.

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• Myriapod and Gastropod Report,Report, FebruaryFebruary 2017- 2017- Hoffman's Hoffman's Cleidognid Cleidognid MillipedeMillipede [Cleidogona(Cleidogona hoffmani, G3/S2S3/NL/NL), a a naturalnatural heritage resource tracked tracked by by DCR, DCR, waswas documenteddocumented at 9 sites during the surveys surveys conducted conducted on on the the GWNF. GWNF. These These findingsfindings maymay indicateindicate thatthat this species is more common than previously previously thought thought by by DCR. DCR.

• State-Listed Salamander Surveys-

Mabee's Salamander (Ambystoma mabeei, G4/S1S2/NL/LT) - Negative surveyssurveys at 3 potentially suitable sites (of 118 totaltotal wetlandswetlands assessed). AsAs stated in thethe report, 20 more sites merit surveys in in 20172017 pending pending landownerlandowner permission. permission. DCR-DNH DCR-DNHrequests requests copies of these these surveys upon completion.

Tiger Salamander [Ambystoma(Ambystoma tigrinum, G5/S1/NL/LE) - PositivePositive survey at at 1 1 of 5 sites with potentially suitable habitat (of 59 totaltotal wetlandswetlands assessed). As stated in the report, 4 more sites merit surveys surveys in in 2017 2017 pending pending landownerlandowner permission.permission. DCR-DNH DCR-DNH requests requests copies of these these surveys upon upon completion. completion. One tiger salamander larvalarva was was captured captured at at a a new new sitesite SW SW of Sherando. The breeding pondpond (1.3 (1.3 acres;acres; not not shown shown on on USGS USGS topo topo mapmap but visible in aerial photos) is within 20 meters ofof the ROW andand lessless than than 40 40 metersmeters fromfrom thethe centerline.centerline. The pipeline route was previously relocated in this general area to avoid the Lyndhurst Ponds Conservation Site toto thethe northeast.northeast. ItIt appears the the line line was also moved a short distance to the west (see (see map 1 in the report) inin the vicinity vicinity of this this pondpond toto createcreate aa largerlarger buffer.buffer. AlthoughAlthough the pipeline avoids a direct hit of the the pond, terrestrialterrestrial habitat of of adult and juvenile tiger salamanders willwill be impacted and fragmented. TigerTiger salamanders areare known known toto movemove up to 286 meters from their breeding pondsponds (average [average distance distance in one study was 60 meters; see summary in in R. R. D. Semlitsch.Semlitsch. 1998.1998. BiologicalBiological delineation delineation of ofterrestrial terrestrial bufferbuffer zones for pond- breeding salamanders. Conservation Conservation Biology Biology 12:12:1113-1119), 1113-1119), thus the pipeline pipeline will will likely adversely affect thethe terrestrialterrestrial habitat habitat of of some unknown portion of of this newly documented population.

In addition on Page 9 of the the Rare SalamanderSalamander report - - underunder Section Section 5.1.1.1 5. 1. 1. 1 SiteSite wauc103f, waucl03f, it was stated: "A"A large pond where TigerTiger Salamanders have been previously observed (waua056e/waua056f) occursoccurs approximately approximately 66 66 meters (216(216 ft)ft) toward the north north end end of of the site."site." AccordingAccording to ACP correspondence correspondence dateddated March 28,28, 2017,2017, larvallarval tigertiger salamanderssalamanders were identified at the site indicated above (waua056e/waua056f)Cwaua056e/waua056f) duringduring ACPACP salamander surveys inin 2015. Larval salamanders were also also foundfound atat site site waua054fwaua054f in in 2015, 2015, whichwhich isis nearby in in Augusta County.

DCR-DNHrecommends recommends Atlantic Atlantic continue continue coordinationcoordination with DGIFregarding regarding possible possible mitigation, such as a TOYR [perhaps (perhaps January-July)January-July)to to avoid avoid impactingimpactingthe the breedingbreeding migration migration of adult tiger salamanders andand dispersal dispersal movementsmovements ofof recently recently metamorphosed juvenilesjuveniles duringduring the year ofof construction. TheThe long-term long-term presence presence of of thethe pipeline pipeline ROW ROW after after constructionconstruction may disruptdisrupt future migrations of this population.

DCR-DNHalso also recommends recommends re-routing re-routing the the pipeline pipeline so so that that itit is is at at least least 300300 metersmeters from thesethese ponds. Reducing the the constructionconstruction width to 75' in thethe vicinity ofofthese these pondsponds andand thethe permanentpermanent ROW width width to to 50'50' would would increaseincrease thethe bufferbuffer distancedistance slightlyslightly andand perhapsperhaps reduce impacts some. DCR-DNHrecommends recommends limiting limiting woody woodystump stump removal removal to to areas areas directlydirectly aboveabove thethe trenchlinetrenchline to facilitate thethe re-establishment of of woody species by existing rootroot structures.structures. Restricting grading within the ROW ROW inin thethe vicinityvicinity ofof thesethese pondsponds toto thethe areaarea directly over the trenchline will also reduce impacts to tigertiger salamandersalamander terrestrialterrestrial habitat,habitat, including undergroundunderground burrows.

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• In addition, due to a potential new record ofof tiger salamander larva larva in in Augusta Augusta County at the ponds located south of ofmilepost milepost 153,153, DCR-DNH DCR-DNH recommends recommends a a survey survey for for tiger tiger salamander salamander larvalarva at thesethese ponds in spring of 2017.

• Cow KnobKnob SalamanderSalamander Survey [on GWNFGWNF section section of of latest latest pipeline pipeline route] route] -- Negative surveysurvey (some potential habitat habitat waswas found found butbut no no Cow Cow KnobKnob Salamanders); Salamanders); DCR-DNH DCR-DNH has has nono additionaladditional comments. The pipeline route was previously previously altered to to avoid avoid the the range range of of this species (which(which it initially crossed onon Shenandoah Mountain).

• Protected Snake Snake Conservation Conservation Plan Plan - - DCR-DNHDCR-DNH recommends recommends AtlanticAtlantic adhereadhere to all of the the mitigation measures recommended recommended by by VDGIF. VDGIF.

• Updated Migratory Bird Plan AugustAugust 20162016 - - ForestForest fragmentationfragmentation willwill occuroccur andand newnew edgeedge habitathabitat will be created inin some some areas, areas, impacting impacting forestforest interior interior species. species. DCR-DNH DCR-DNHrecommends recommends adherenceadherence to all mitigation measures recommendedrecommended byby federal federal and and state state agencies. agencies. Bald Bald Eagle nestsnests were documented nearnear the the pipeline pipeline route. route. DCR-DNH DCR-DNH recommendsrecommends coordination withwith USFWS USFWS toto ensureensure compliance withwith the the Bald Bald and and Golden Golden EagleEagle Protection Act.Act.

• Virginia Bat SurveySurvey DataData - - IfIf a a known known maternity maternity oror roostroost site is documented within within the the ROW ROW or in the immediateimmediate vicinity vicinity of of the pipeline footprint,footprint, DCR-DNHDCR-DNH recommends recommends reducing reducing the the temporarytemporary construction ROW ROW to to 75' and permanent ROW ROW to 50'.

• George Washington/Monongahela NationalNational ForestForest -- ManagementManagement IndicatorIndicator SpeciesSpecies ReportReport - -VDCR- VDCR- DNH recommends recommends reducingreducing habitathabitat fragmentationfragmentation and the creation of new edge habitat impacting forest interior species.species.

• Virginia Species ofof GreatestGreatest ConservationConservation NeedNeed ReportReport -

Table 1, page 3, thethe "Conservation Measures" listedlisted for TigerTiger SalamanderSalamander at the newly documented site are similar to those in thethe previous report but also mention possible route adjustment (boldface (boldface added below):

"Surveys completed, species found found in in one one location location in in Augusta Augusta County. County. Consideration of route adjustment to avoid impact. Other measures could could include Project Procedures; Reduced temporarytemporary construction widthwidth (75 [75 feet); feet); ATWS wetland/waterbody wetland/waterbody buffer (50[50 feet); Wetland habitathabitat mitigation-Clean mitigation-Clean WaterWater Act Act (CWA)(CWA) SectionSection 404 404 PermittingPermitting throughthrough the U.S. U.S. Army Army CorpsCorps of Engineers (USACE); (USACE);General General Measures"Measures" [see(see Map 1 in thethe state-rarestate-rare salamander report)report) The The appendix appendix labeledlabeled "Conservation "Conservation Measures Measures forfor Virginia Virginia State-Listed Species" also mentions "Consideration "Consideration ofof routeroute adjustment adjustment toto avoid avoid impact.impact. DCR-DNH DCR-DNH recommends a route adjustmentadjustment toto avoidavoid impactsimpacts to the documented occurrence ofof the Tiger salamander.

Table 1, pagepage 66 forfor GreenGreen Floater: Floater: "Habitat"Habitat assessment assessment completedcompleted and and presence/absencepresence/absence survey ongoing." ongoing. " DCR-DNHDCR-DNH requests requests the the survey survey reportreport whenwhen available andand any other on- going freshwater musselmussel surveys.surveys. TheThe appendix appendix labeled labeled "Conservation "Conservation MeasuresMeasures for Virginia State-Listed Species" alsoalso mentionsmentions ongoing surveys surveys for thethe Atlantic Pigtoe, anotheranother rare mussel.

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Appendix - Restoration and Rehabilitation Plan.Plan. Rev 4.4. FERCFERC Accession Accession Number Number 20170110-5142. 20170110-5142. filed 1-10-2017

DCR-DNH would would like like to to offer offer the the following following recommendations recommendations for for the the restoration restoration andand rehabilitationrehabilitation plan including proposedproposed seed mixes.

DCR-DNHsupports supports not not using using cool-season cool-season grasses grasses to to restore restore groundground cover unless on slopes over 15%. 15%. This excludes our coastal plain bogs.

DCR-DNHrecommends recommends avoiding avoidingsoil soil compaction compaction in in adjacent adjacenttransmission transmission rights of way way atat thethe Handsom Gum Powerline, Branchville Powerline and Emporia Bog Powerline Conservation Sites. Sites. Any workwork in thesethese areas could could eliminate species and habitat habitat entirely, entirely, particularly particularly given given issues issues of of soil compaction in thesethese sensitive bog sites.

Topsoil shouldshould bebe stockpiledstockpiled outside of transmission transmission lines wherewhere rare plants occur occur including in forested areas at at Handsom-Gum Handsom-Gum Powerline and and Branchville Branchville Powerline Conservation Conservation Sites, Sites, if clearingclearing adjacentadjacent to the line, AtlanticAtlantic needsneeds toto segregatesegregate topsoiltopsoil when removing trees.trees. That would increase the chances of creating habitat forfor rare speciesspecies inin the adjacentadjacent pipelinepipeline right-of-way.right-of-way.

DCR-DNHrecommends recommends mowing mowing of ofthe the pipeline pipeline corridor corridor as as the the preferred preferred right-of-wayright-of-way maintenance maintenance method over the use of herbicide in thesethese sensitive areas.

DCR-DNHsupports supports not not using using lime lime or or fertilizer fertilizer within within 100' 100' ofofwetlands wetlands asas statedstated in document.document.

DCR-DNHrequests requests detailed detailed plans plans for for monitoring monitoring of ofrestoration restoration successsuccess inin areasareas thatthat are allowed to naturally revegetate and areas where plantings plantings or seed mixes areare used for restoration.restoration. IfIf plans deviate from the proposed revegetation revegetation and and monitoring monitoring plans plans included included in in the the draft draft EIS, EIS, DCR-DNH DCR-DNH recommends recommends re- coordination with this office.office.

Seed Mix RecommendationsRecommendations •. Remove EryngiumEryngiumyuccifolium yuccifolium from all seed mix lists

•. In Table 5.7.5-1,5. 7. 5-1, page 15, removeremove Sporobolus compositus, rare in in WV WV and and not viable on most substrates

•. In Table 5.7.5-2,5. 7. 5-2, pagepage 15-16, removeremove Coreopsis lanceolate, lanceolate, questionably native native to to WV WV

•. In Table 5.7.5-3,5. 7. 5-3, remove Andropogon ternarius rare in in mountain region and probably not viable. DCR-DNHDCR-DNHrecommends recommends Andropogon virginicus or Sorghastrum nutans as a substitute. DCR-DNHrecommends recommends doubling doublingthe the proposed proposed seedingseeding raterate andand suggestssuggests adding Tridens flavusflavus to the seedseed mix.mix.

•. In Table 5.7.5-4,5.7. 5-4, pagepage 16, removeremove Coreopsis tinctoria, tinctoria, not native to to WV; WV; Remove Coreopsis lanceolate, questionably nativenative to to WV; WV; Remove Helianthus maximiliani, not nativenative toto WV; WV; Remove Echinacea purpurea, not native to WV; TheThe seedingseeding raterate is adequateadequate for flat topography; however, however, DCR-DNH DCR-DNHrecommends recommends increasing increasingthe the seedingseeding raterate withinwithin the mountain physiographic region due toto steepersteeper terrain and and increasing increasing the massmass of ofMonarda Monarda fistulosa within the the seed seed mix. mix. DCR-DNH DCR-DNHalso also recommends recommends addingadding Symphytrichum novae- angliae to the seed mix.mix

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•. In Table 5.7.5-6,5. 7. 5-6, pagepage 17, removeremove Asclepias tuberosa, cannot tolerate poorlypoorly drained sites; remove Pycnanthemum incanum, cannot tolerate poorly drained sites; remove Bidens aristosa, questionably native native to to WV; WV; remove Lupinus perennis, cannot tolerate poorly drained sites

•. In Table 5.7.5-75. 7. 5-7 and 5.7.5-8,5. 7. 5-8, DCR-DNH recommends recommends increasing increasing the the seeding seeding raterate 50-100%; however, the amount of Chamaecrista fasciculata should not not be be increased. increased. DCR-DNH DCR-DNH recommends addingJuncusaddmgjuncusaddingluncus tenuis to these seed mixes.Juncus mixes .Juncus tenuis grows in in full sun to partial shade, dry rocky soils to wet saturated soils,soils, hashas a a pHpH tolerance ofof 4.4.5-7.0,5-7. 0, toleratestolerates compaction and is easily grown.

•. In Table 5.7.5-8,5. 7. 5-8, page 18, Remove Coreopsis tinctoria,tinctoria, not native native toto VA; VA; Remove Eryngium yuccifolium, rare inin VA VA andand probablyprobably not viable in poorly-drained soils;soils; RemoveRemove Helianthus angustifolius, rare inin mountain regionregion and probably not viable

•. In Table 5.7.5-10,5. 7. 5-10, page 20, Remove Coreopsis tinctoria,tinctoria, not native native to to VA; VA; Remove Coreopsis lanceolata,tanceolata, questionably native native to to VA; VA; Remove Helianthus maximiliani, not native native to to VA; VA; Remove Echinacea purpurea,purpurea, not native to to VA; VA; Remove Gaillardia pulchella, not native toto VA VA

•. In Table 5.7.5-11,5. 7. 5-11, page 20, Remove Sporobolus compositus, rare in in VA VA andand not viable on most substrates

•. In Table 5.7.5-14,5. 7. 5-14, page 21, Remove Coreopsis tinctoria,tinctoria, not native native to to VA; VA; Remove Eryngium yuccifolium, rare in in VA VA andand probablyprobably notnot viableviable inin poorly-drainedpoorly-drained soils

Recommended SeedSeed MixesMixes byby Milepost, Milepost, Rev 3

•. In table 2.3.1-1,2. 3. 1-1, page 21, removeremove Sericea lespedeza lespedeza (Lespedeza[Lespedeza cuneatd}cuneata) •. In Table 2.2.1-2,2. 2. 1-2, specify which species ofofSorghum. Sorghum. Sorghum halepense is an invasive species.

•. In table 2.2.1-10,2. 2. 1-10, page 17, Panicum virgatumvirgatum is mentioned. Panicum virgatumvirgatum is a tallgrasstallgrass prairie and and isis not not ideal ideal for for Virginia. There There areare SoutheastSoutheast varieties available from seed sellers that wouldwould be more appropriate for for Virginia. Virginia.

•. In Table 2.2.1-1,2. 2. 1-1, page 9, Use allall nativenative speciesspecies mixes 8, 10, andand 11 if possiblepossible

•. In Table 2.2.2.1-2,2. 1-2, pagespages 10-13, Use allall nativenative speciesspecies mixesmixes 103,103,105,106,109105, 106, 109 if if possible,

•. In Table 2.2.1-6,2. 2. 1-6, page 15, Remove Andropogon ternarius, rare inin mountain regionregion and probably not viable (Andropgon virginicus or Sorghastrum nutans would be a substitute)

•. In Table 2.2.1-7,2. 2. 1-7, page 15, Remove Coreopsis tinctoria,tinctoria, not native native to to VA; VA; Remove Coreopsis lanceolate, questionably native native to to VA; VA; Remove Helianthus maximiliani, not native native to to VA; VA; Remove Echinacea purpurea,purpurea, not native to to VA VA

•. In Table 2.2.1-8,2. 2. 1-8, page 16, Remove Coreopsis tinctoria,tinctoria, not nativenative to to VA; VA; Remove Eryngium yuccifolium: rare inin VA VA andand probablyprobably notnot viableviable inin poorly-drainedpoorly-drained soils

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•. In Table 2.2.1-9,2.2. 1-9, page 17, Remove Koeleria macrantha, macrantha, not native native to to VA VA

•. In Table 2.2.1-10,2. 2. 1-10, page 17, Remove Sporobolus compositus, rare in in VA VA andand not viable on most substrates; RemoveRemove Coreopsis tinctoria, not native to to VA; VA; Remove Dalea purpurea,purpurea, not native to to VA; VA; Remove Desmanthus illinoensis,illinoensis, not nativenative to to VA; VA; Remove Helianthus maximiliani,maximiUani, not nativenative to to VA VA

•. In Table 2.2.1-11,2. 2. 1-11, page 18, Remove Bouteloua curtipendula, not viable on mostmost substrates;substrates; Remove Lotus corniculatus, not native toto NorthNorth America;America; Remove Desmanthus illinoensis, not native toto VA; VA; Remove Helianthus maximiliani, not nativenative to to VA; VA; Remove Coreopsis lanceolate, questionably nativenative to to VA; VA; Remove Bidens aristosa, questionably nativenative to to WV; WV; Remove Pycnanthemum pilosum,pilosum. not nativenative to to VA VA (DCR-DNH [DCR-DNH suggestssuggests Pycanthemum incanum instead, which is is native to Virginia)

(Supplementary[Supplementary speciesspecies listed: listed: Buckwheat, Buckwheat, Millet, Millet, Korean Korean Lespedeza, Lespedeza, etc. etc. -- - DO DO NOT NOT USE.) USE.)

•. In Table 2.2.4-2,2. 2. 4-2, page 20, Remove Coreopsis tinctoria,tinctoria, not native native to to VA; VA; Remove Coreopsis lanceolate,lanceolate, questionably native native to to VA; VA; Remove Helianthus maximiliani, not native native to to VA; VA; Remove Echinacea purpurea,purpurea, not nativenative to to VA; VA; Remove GaillardiaGaWardia pulchella.pulchella, not native to to VA VA

•. In Table 2.2.4-3,2. 2. 4-3, page 21, Remove Coreopsis tinctoria,tinctoria, not native native to to VA; VA; Remove Eryngium yuccifolium, rare in in region and probably not viable in poorly-drained soils DCR-DNHcontinues continues to to coordinate coordinate withwith DominionDominion ononthe the re-vegetationre-vegetation of the the right-of-way for the pipeline including thethe proposed seed mixtures as plans are updated and and modified. modified.

Appendix G, G, Non-NativeNon-Native InvasiveInvasive PlantPlant SpeciesSpecies Management Plan, within Draft Construction, Operations, and Maintenance Plans

DCR-DNH supports supports the the implementationimplementation of anan Invasive Species ManagementManagement Plan, andand thethe use of the Virginia Department ofof AgricultureAgriculture andand Consumer Consumer Services Services (VDACS) (VDACS) NoxiousNoxious Weed List.List.

However, DCR-DNHDCR-DNH also also recommends recommends useuse of the the Virginia Invasive Plant Species ListList (ht(http://www.dcr.virginia.gov/natural-heritage/invsppdflist).The[http://www. dcr..virvirginia. inia.gov/natural-heritage/invsppdflist). ov nattn LwppLnst).Theil The Virginia Virginia Invasive Invasive Plant Plant Species Species List comprises speciesspecies thatthat are are established established or or may may become become established established in in Virginia, Virginia, cause economic and ecological harm,harm, andand present ongoingongoing management issues. To be included on thethe list, therethere must be demonstrable evidenceevidence thatthat a a speciesspecies posesposes aa threat to to Virginia's Virginia's forests, native grasslands, wetlands or waterways. The The Virginia Virginia Department of Conservation and Recreation's InvasiveInvasive Species Assessment Protocol, approved by by thethe Virginia Virginia Invasive Invasive Species Working Group, MayMay 2015,2015, waswas usedused to to conduct a risk assessment forfor each each listed listed species. species. SpeciesSpecies were rankedranked as as exhibiting exhibiting high,high, mediummedium oror low low levels levels of invasiveness based on theirtheir threat toto natural communitiescommunities and native species The Virginia Invasive PlantPlant Database Database Tool Tool can can be be found found at atJittE, http://www.dcr.virginia.gov/natural-heritage/ip//www. dcr. vireinia. eov/natural-heritase/ip . The Virginia InvasiveInvasive PlantPlant DatabaseDatabase ToolTool provides provides informationinformation aboutabout invasive speciesspecies based on a varietyvariety of inputs, such as geographic region, soil moisture and light requirements, VA VA invasiveness invasiveness rank, or common and scientific names.

Please note that special special concern concern exists exists for for the spread spread of of WavyleafWavyleaf grass (Oplismenus undulatifolius)undulatifolius) during construction andand maintenance maintenance of of thethe pipeline pipeline and and the the pipeline pipeline right-of-way. right-of-way. ItIt is is likely likely that Wavyleaf Wavyleaf grass exists in the vicinity vicinity of the route crossing crossing of of the Blue Blue Ridge Parkway and the adjacent George George Washington National Forest lands. lands. Wavyleaf Wavyleaf grass has a VA InvasivenessInvasiveness rankrank of high, high, cancan bebe foundfound inin thethe mountainmountain and 1818 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

piedmont regions,regions, and prefers prefers shade shade and and mesic mesic soils. soils. It It producesproduces an an abundance abundance of of small,small, sticky seeds which are readily carried on on clothes, shoes, and construction equipment, thus aiding its spread to new sites. Considering thethe anticipatedanticipated soil disturbancedisturbance and vegetationvegetation structure alterationsalterations alongalong thethe long, long, linear project footprint which would span mountains to piedmont to coastal plain, thisthis project has great potential to promote aa rangerange expansion expansion of of this this aggressiveaggressive invasiveinvasive species, invading forests,forests, toto dominate and permanently change understory forestforest compositioncomposition and habitat, therefore impacting forest regeneration throughout thethe project project area. area. The The capability capability of of thisthis species species toto havehave this drastic impactimpact is evidenced in parts of Virginia Virginia and and MarylandMaryland wherewhere Wavyleaf Wavyleafgrass grass hashas invadedinvaded in in recentrecent years. years.

DCR-DNHsupports supports sanitization sanitizationof ofall all construction construction equipment equipment daily dailyto to prevent prevent the the spreadspread and and introduction introduction of invasive species. DCR-DNHsuggests suggests pre- pre- construction, construction, during duringconstruction, construction, and andpost-construction post-construction monitoring for invasive species species with with thethe post-constructionpost-construction monitoring completed after the end of of the first complete growing growing seasonseason followingfollowing the completion completion of of aa project.project. DCR-DNH DCR-DNHrecommends recommendsthat that disturbeddisturbed areas be be inspected inspected for for invasive invasive species species twice during each each growing growing season for for a a period of of not less than five five years after project completion,completion, and that when observed, invasive speciesspecies bebe eradicatederadicated as appropriateappropriate for species and and setting, setting, per per coordination coordination with with the the DCR-DNH. DCR-DNH.

Appendix SS - State Species TableTable S-2S-2

DCR-DNHprovides provides thethe followingfollowing commentscomments on Table S-2 "Virginia Listed Listed and and Species Species of Greatest Greatest Conservation Need Need WithWith Potential Potential toto Occur Occur inin the the Atlantic Atlantic Coast Coast Pipeline Pipeline Project Project Area"Area" from from Appendix Appendix SS of the DraftDraft EIS: EIS:

•. Page S-30 Southeastern Southeastern myotis should also be listed as documented documented inin the the Great Great Dismal Dismal Swamp Conservation Site

•. Page S-31 EasternEastern small-footed bat should be listed listed as as potential potential to to occur occur at at the the Big Big Levels-Maple Levels-Maple Flats Conservation Site

•. Page S-31 LittleLittle brownbrown batbat should be listed as potential toto occuroccur at at the the Burnsville Burnsville CoveCove Conservation Site

• Page S-32 Tri-coloredTri-colored bat should be listed as potential to to occur occur at at Burnsville Burnsville Cove Cove Conservation Site Site

• Page S-32S-32 Dismal swampswamp southeastern shrewshrew is is missing missing from from TableTable S-2 and should be listed as documented at at the the Great Great Dismal Dismal Swamp Swamp Conservation Site Site

• Page S-48 AtlanticAtlantic pigtoe-shouldpigtoe-should say "documented at at Nottoway Nottoway River-Ft. River-Ft. Pickett Pickett SCU SCU andand Nottoway River-Sturgeon Creek-Hardwood CreekCreek SCU' andand thethe followingfollowing language-language- "potential"potential for at Appomattox RiverRiver crossing south ofofStoddert, Stoddert, potential forfor at at Nottoway Nottoway River River and Sycamore Sycamore Bend swamps, potentialpotential for for at at Wingina Wingina crossing".crossing". DCR-DNH DCR-DNHrecommends recommends languagelanguagebe be updatedupdated to include all documented and potential locations.

• In October of 2016, the working draft of of the table was was reviewed reviewed andand edited edited byby DCR-DNH DCR-DNH for Merjent, a subcontractor for for FERC, FERC, and and was titled "Virginia "Virginia Listed and Rare Species and Species Species of Greatest Conservation Conservation Need Need WithWith Potential Potential toto Occur Occur inin the the Atlantic Atlantic Coast Coast Pipeline Pipeline Project Project Area."Area. " The title forfor Table Table S-2 S-2 in the Draft Draft EIS EIS has has been been changed to "Virginia"Virginia Listed and Species of Greatest Conservation NeedNeed With Potential toto Occur Occur in the Atlantic Coast Pipeline Project Area" removingremoving the followingfollowing rare species listed below:

• Barratt's sedge ([ Carex barrattii,barrattii, G4/S2/NL/NL) 1919 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

• Crowfoot sedge [Carex(Carex crus-corvi, 65/S1S2/NL/NL)G5/S1S2/NL/NL) • Lake-shore sedge (Carex lacustris, G5/S1/NL/NL)G5/S1/NL/NLJ • Inflated sedge [Carex(Carex vesicaria, G5/S1S2/NL/NL) • Velvet sedge (Carex vestita, vestita, G5/S2/NL/NL)GS/S2/NL/NL) • Millboro leatherflowerleatherflower (Clematis viticaulis, G1/S1S2/SOC/NL) • Hazel dodderdodder [Cuscuta(Cuscuta coryli, G5?/S2?/NL/NL) • Plunkett'sPIunkett's flatsedge (Cyperus plukenetii,plukenetii, G5/S2/NL/NL) • Pineland tick-trefoil (Desmodium strictum, G4/S2/NL/NL) • Tall cinquefoil (Drymocallis arguta, G5/S1/NL/NL) • Dwarf burhead burhead {Echinodorus(Echinodorus tenellus, G5?/S1/NL/NL) • Baldwin's spikerushspikerush (Eleocharis baldwinii, G4G5/S2/NL/NL) • Black-fruit spikerushspikerush (Eleocharis^Eleocharis melanocarpa, G4/S2/NL/NL) • Water horsetail (Equisetumfluviatile,(Equisetum fluviatile, G5/S1/NL/NL) • Northern St. John's-wortJohn's-wort (Hypericum^Hypericum boreale, G5/S2/ NL/NL)NL/NL) • Lesser marsh St. John's-wortJohn's-wort ^Hypericum(Hypericum tubulosum, G4?/S2/NL/NL)G47/S2/NL/NL) • Marsh muhly (Muhlenbergia glomerata, G5/S2/NL/NL) • Sword-leafSword-leafphlox phlox {Phlox(Phlox buckleyi, G2/S2/SOC/NL) • Torrey's Mountain-mint ^Pycnanthemum(Pycnanthemum torreyi,torreyi, G2/S2?/SOC/NL) • Yellow pitcherpitcher plantplant (Sarracenia (lava,flava, G5?/S1/NL/NL)G57/S1/NL/NL) • Reclining bulrushbulrush (Scirpus flaccidifolius, G2/S1/NL/NL) • Elliott's goldenrod (Solidago latissimifolia, G5/S2/NL/NL) • Freshwater cordgrass (Spartina^Spartina pectinata, G5/S2/NL/NL) • Dense-flowered camas (Stenanthium densum,densum, G5/S1/NL/NL) • Large cranberrycranberry [Vaccinium(Vaccinium macrocarpon, G4/S2/NL/NL)

DCR-DNH would would like like to to know know the the reason reason for for the the title title change change mentioned mentioned above,above, andand thethe rationalerationale for no longer considering impacts impacts to to these these Globally Globally and State rare plants plants DCR-DNH DCR-DNHtracks tracks asas naturalnatural heritageheritage resources.

The comments made under under Asclepias rubra are repeated as as boilerplateboilerplate language language throughout the the Species Species Table S-2. PotentialPotential forfor impactsimpacts areare varied varied inin thethe nature of the conflicts and the species and sites involved and therefore using using this this general general boilerplate boilerplate language language for for many many species species is is not not appropriate. appropriate. DCR-DNH's DCR-DNH's overall recommendation is avoidance of impactsimpacts toto the the differentdifferent naturalnatural heritageheritage resourcesresources documented within the pipeline pipeline footprint, footprint, includingincluding associated associated infrastructure. infrastructure. Below Below are are DCR-DNH's DCR-DNH's recommendationsrecommendations providing additional detail for whatwhat is documented at each site and then recommendations forfor avoiding impacts to each Natural Heritage resourceresource occurrence.

Please note, for for the powerline powerline bogbog speciesspecies listedlisted in in Table Table S-2, S-2, DCR-DNH DCR-DNH coordination coordination with Atlantic is on- going and we continue to recommend avoidanceavoidance ofof the conservation sitessites at at Handsom-Gum Handsom-Gum Powerline, Branchville Powerline, and Emporia Powerline Bog ConservationConservation Sites.Sites. InIn regardregard toto somesome additional species associated with power power line line wetlands, wetlands, suchsuch as as those near near Dismal Dismal SwampSwamp {Ludwigia(Ludwigia pilosa, Xyris fimbriata,fimbriata, etc), specific commentscomments areare made on wherewhere they occur within the line and avoidance recommendations. Several new resources nearnear the the Dismal Dismal Swamp will bebe eithereither directly or indirectly impacted by the the current pipeline alignment.

•. Red milkweed [Asclepias(Asclepias rubra, G4G5/S2/NL/NL) -- Statements regarding impacts due to construction "within"within oror adjacentadjacent toto thethe right right of of way" are pertinent forfor this this species species atat Handsom-Gum Handsom-Gum as well as for allall speciesspecies nearnear thethe pipe trenchtrench at other sites. Staging andand other activities are taking place in adjacent acreage may may impact documented documented natural natural heritage heritage resources. resources. Therefore Therefore DCR-DNH DCR-DNH recommends impactsimpacts bebe minimized to the fullest extent possible and all all staging of equipment equipment and 20 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

materials be targeted in in areas areas away away fromfrom the mapped mapped resources. resources. The The staging and other use of construction equipmentequipment hashas potential potential toto impact impact Handsom-Gum Handsom-Gum directly despite locationlocation of the pipeline outside of the the transmissiontransmission line corridor.

• Pine barren sandreed (Calamovilfa brevipilis, G4/S1/NL/NL) - AsAs stated in in the the Table Table S-2 S-2 avoiding now per line line shift shift by by Atlantic.

• America willow-herb (Epilobium ciliatum,cHiatum, G5T5/S1/NL/NL)G5T5/S1/NL/NLJ -- no datadata providedprovided (no rarerare plant survey form).

• Virginia sneezeweedsneezeweed (Helenium[Helenium virginicum,virginicum, G3/S2/LT/LE)-2015 RareRare Species Species Sighting Sighting Forms and shapefile to indicate relocated these these species species at at thethe Lyndhurst Lyndhurst ConservationConservation Site. Site. Same Same'for for ValleyValley Doll's-daisy {Boltonia (Boltonia montana, G1G2/S1/NL/LE).G1G2/S1/NL/LE;. AccordingAccording to ACP correspondencecorrespondence dated March March 28, 2017, a survey was conducted inin the Campbell Campbell and Grove Grove Farm Ponds Conservation Site in August 2016 to search for Boltonia montana, as well as other target species species including Helenium virginicum and state-listed plants;plants; nono sensitive sensitive speciesspecies were identified during survey.

• Fraser's MarshMarsh St.St. John's-wortJohn's-wort (Hypericum(Hypericumfraseri, fraseri, G5/S2/NL/NL)G5/S2/NL/NL; -two occurrences (both(both inin Bath Bath County) One populationpopulation isis foundfound inin thethe corridorcorridor onon thethe northnorth side (Map[Map 17), but not on the line itself. DCR-DNH recommends recommends avoiding avoiding the the population population to to eliminate eliminate incidentalincidental impactsimpacts fromfrom thethe staging of equipment and materials.

• Big Gallberry (Ilex(Hex[llex coriacea,coriacea, G5/S1/NL/NL)G5/S1/NL/NLJ -- DCR-DNHDCR-DNH recommendsrecommends staging of equipment/materials andand clearing clearing of of thethe right-of-way right-of-way avoidavoid the newly newly discovered population ofof HexIlex IIex coriacea located barely south of thethe actual pipeline (Map 86].86). DCR-DNHstaff staffbotanist botanist requestsrequests further informationinformation inin regards toto the logistics logistics of clearingclearing overover aa 30ft30ft area area ratherrather thanthan thethe standardstandard width of of impact.

• Hairy Seedbox (Ludwigia(Ludwigia pilosa,pilosa, G5/S1/NL/NL)G5/S1/NL/NL? -- On Map 95, some re-findsre-fmds of known populations but also new occurrences for for this species, species, some some of of which are actually in thethe path of the pipeline. This species is alsoalso foundfound elsewhereelsewhere onon thisthis mapmap quite close toto thethe pipelinepipeline withinwithin thethe corridor.corridor. DCR-DNH staff staffbotanist botanist requests requests further further coordinationcoordination inin regardsregards to avoidance of impacts to the documented populations within the pipeline pipeline corridor and and impactsimpacts associated associated withwith staging staging of equipment, materials,materials, etcetc Due Due to to these these issues issues (particularly Cparticularly on on Map Map 95), 95), DCR-DNH DCR-DNH concursconcurs withwith partpart of the language in their standard "Red "Red Milkweed" language:language: there there may be be serious, direct impacts to these resources.

• Raven's Seedbox (Ludwigia(Ludwigia ravenii, G1G2/S1/NL/NL)- This natural heritage resourceresource is is a a globallyglobally rare species species (G1G2),(G1G2), andand thereforetherefore one of the the most significant discoveries of the the plant surveys conducted for for this project. project. The population isis small, and as with the other extant extant VirginiaVirginia populations, is found in an artificial habitathabitat (ditch). The road the ditch runs along along is access road 26- 060-A020.AR2060-A020. AR2 nearnear MPMP 53. 53.55.55. As As reported reported inin thethe rarerare plant form, "Because thethe population is located within a drainage ditch alongside a dirt road, road, this population could could be at risk if upgrades to the road road or or drainage drainage system system occurs." occurs. " DCR-DNHDCR-DNH emphasizes emphasizes thethe needneed toto avoid impactsimpacts to'thisto this population duringduring constructionconstruction duedue to to road road improvements, improvements, drainagedrainage changes, changes, staging associated with the constructionconstruction ofof the pipeline.

• Walter's Paspalum (Paspalum dissectum, G4?/S2/NL/NL)G47/S2/NL/NLJ -- On Map 95, DCR-DNHrecommends recommends avoiding impacts within the corridor, closeclose to the actual actual line. Ludwigia pilosa could receive direct impacts at this site as well (see above). On Map 99, several colonies colonies of this species are known

21 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

within the corridor,corridor, closeclose by and barely south of the actual pipeline route. Impacts due to pipeline- related activitiesactivities mustmust be be avoided. avoided. OnOn Map 100, the same applies as on Map 99.

• Purple FringelessFringeless OrchidOrchid (Platanthera peramoena, G5/S1/NL/NL)G5/S1/NL/NLJ - The single plant found was located along a road that apparently willwill not bebe used asas an an accessaccess road forfor pipeline work and isis over 0.50.5 mile outside of the the pipeline corridor therefore therefore DCR-DNH DCR-DNH has has nono commentscomments basedbased on the information provided.

• Water-plantain CrowfootCrowfoot [Ranunculus(Ranunculus ambigens, G4/S1/NL/NL)G4/S1/NL/NLJ -- population is located within pipeline corridor on its north side.side. Impacts associated with pipeline construction shouldshould be avoided in this area.

• Yellow NoddingNodding Ladies-tressesLadies-tresses (Spiranthes ochroleuca,ochroleuca, G4/S2/NL/NL)G4/S2/NL/NLJ -- On Map 5, the locationlocation of this new discoverydiscovery isis within the path of of the pipeline.pipeline. Avoidance of thisthis occurrenceoccurrence isis recommendedrecommended and DCR-DNHDCR-DNH does does not not support support the the transplanting transplanting of thisthis sensitive orchid species as it will not survive. DCR-DNHDCR-DNH would would likelike clarificationclarification of thethe statement "Pending "Pending GWNF GWNF and and DCR-DNH DCR-DNH reviewreview of survey reports andand mitigation mitigation procedures", mainly because theirtheir mitigation proceduresprocedures are not spelled outout specifically. specifically. TheThe boilerplateboilerplate language use forforAsclepias Asclepias rubra supposedly applies to this species, but the listlist ofof possible impacts, consequences, and lack lack of specifics thatthat theythey provide for cases of direct impacts means that we don'tdon't know know what what we we could could "concur" "concur" with at this point.point. I assume that specific specific discussions will bebe hadhad for sitessites withwith direct impacts to plants.

• Fringed Yellow-eyed Grass (Xyris[Xyris fimbriata,fimbriata, G5/S1/NL/NL) -On Map 99, plants are in the corridor DCR-DNH recommends recommends avoiding avoiding impacts impacts related related toto pipelinepipeline constructionconstruction including staging of equipment, etc.

• TallTail Yellow-eyed Grass [Xyris(Xyris platylepis, G5/S2/NL/NL) - On Map 99, plants are in the corridor and some quitequite closeclose to thethe actual actual pipeline. pipeline. DCR-DNHDCR-DNH recommends recommends avoidingavoiding impacts impacts to to rarerare plantsplants related to pipeline construction and operations.

• DCR-DNH recommends recommends rare rare plant plant populationspopulations clearly bebe identifiedidentified and flagged withwith orange fencing in the field prior to constructionconstruction usingusing GPS GPS basedbased coordinates andand shapefiles. shapefiles. For all of documenteddocumented natural heritage heritage resources, resources, populations populations should should be be closely closely monitored during construction to avoid impacts.

• Eastern big-eared bat [Corynorhinus(Corynorhinus rafmesquiirafinesquii macrotis, G3G4T3/S2/NL/LE) -82-82 batsbats were documented atat a a bridge roost withinwithin the constructionconstruction workspaceworkspace in in Southampton Southampton County.County. These bats areare sensitive sensitive toto disturbance, disturbance, noise, noise, etc. etc. DCR DCR recommends recommends continuedcontinued coordination coordination with with VDGIF VDGIF to ensure compliance compliance with protected species species legislation. legislation.

• Tiger Salamander - AccordingAccording to the table, DGIFDGIF recommendsrecommends avoidanceavoidance ofof wetlandswetlands and a 300 meter buffer buffer for this species. TheThe newly discovered population near Sherando Sherando is is much closer to the pipeline route (20[20 mm fromfrom ROW margin)margin) than than this,this, thusthus suggestingsuggesting the the needneed toto identityidentity anan alternatealternate route to avoid impacts. Also,Also, sedimentationsedimentation during construction could fillfill undergroundunderground burrowsburrows used as habitat by by tiger tiger salamanders. salamanders. DCR-DNH DCR-DNH recommends recommends re-routingre-routing thethe pipeline to avoid this population.

• Barking Treefrog [Hyla(Hyla gratiosa, G5/S2/NL/LT) - Survey/AgencySurvey/Agency Data -- thethe first sentence says "Reports forfor this speciesspecies inin Greensville and Southampton countiescounties are are unconfirmed." unconfirmed. " DCR-DNHDCR-DNH has confirmed records for this species in both counties.

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• Mabee's Salamander - PleasePlease notenote thisthis species species doesn'tdoesn't occur occur on on the the GWNF GWNF [right(right column includes GWNFand and DGIFDGIFas as reviewers reviewers ofoftheir their surveysurvey data) data)

• According to ACPACP correspondence correspondence dated March 28, 2017, no Dwarf waterdogwaterdog (Necturus(Necturuspunctatus, punctatus, G5/S2S3/NL/NL) surveys were conducted conducted in in Virginia. Virginia. DCR-DNH DCR-DNH continues continues to to recommendrecommend surveyssurveys for the Dwarf waterdogwaterdog especially in the NottowayandNottoway and Meherrin River drainages.

• Chestnut clearwing moth (Synanthedon castaneae, G3G5/SH/NL/NL) -- in the Agency datadata partpart of the tabletable itit isis stated that that the the only only VA VA recordrecord is from Falls ChurchChurch (historic).(historic). Atlantic didn'tdidn't conduct any surveys forfor this this species, species, but but on on page page 98 98 of of thethe ACP ACP Preliminary Draft Draft Biological Biological Evaluation Report [= [= Appendix D BiologicalBiologicalEvaluation] Evaluation] they theystate state "Use"Useofpheromone of pheromone baitsbaits hashas confirmed confirmed that that the species occurs occurs in in several several areas areas in in Virginia." Virginia. " According to ACP correspondence correspondence dated March 28, 2017, Virginia shouldshould bebe removedremoved fromfrom the the sentence sentence andand thethe statementstatement should be revised to read, "In addition, use ofpheromoneof pheromone baits has revealed its occurrence in in several areas in in ConnecticutConnecticut (Anagnostakis[Anagnostakis et al., 1994) and the southeast (Snow (Snow and and Eichlin, Eichlin, 1986),1986), includingincluding Florida, North Carolina, SouthSouth Carolina,Carolina, and and Georgia.Georgia."" CitationsCitations for for the the listedlisted studiesstudies areare provided below.

Anagnostakis S.S. L., L, Welch K. K. M., SnowSnow J. J.W., W., Scarborough Scarborough K., K., Eichlin. Eichlin.T. T. D. D. 1994. 1994. The rediscovery of the the clearwing chestnutchestnut moth, Synanthedon castaneae (Busck)[Busck) (Lepidoptera:CLepidoptera: Sesiidae)Sesiidae) inin Connecticut. Journal of the New York Entomological Society,102:Society, 102:102:111-112. 111-112.

Snow J. W.W. and and EichlinEichlin T. T. D. D. 1986. 1986. TheThe RediscoveryRediscovery andand Distribution ofof the ClearwingClearwing Moth, Synanthedon castaneae (Busck)CBusck) inin thethe Southeastern United States. Journal of Agricultural Entomology, 3(1):3C1): 66-67.66-67.

AppendixAooendix Q-Vegetation0-Veeetation Communities

To determine ifif impacts impacts will will occur occur to to significant significant communities communities as as identified identified by by DCR-DNH, DCR-DNH, DCR DCR ecologist attempted to to classify classify the the National National Land Land Cover Cover Database Database (NLCD) [NLCD) classification units listed inin Table Q-1Q-l into Virginia ecological community types usingusing "The "The Natural Natural Communities Communities ofof VirginiaVirginia Classification Classification ofof Ecological Ecological Community Groups"Groups" (http://www. (http://www.dcr.virginia.gov/natural-heritage/natural-communities/ncintrodcr. vireinia. gov/natural-heritage/natural-communities/ncintro ). The NLCD is is a amuch much broader broader and and coarser coarser systemsystem thanthan Virginia ecologicalecological groupsgroups whichwhich includesincludes thethe communitycommunity types. DCR-DNHDCR-DNH classified classified some some ofNLCDof NLCD communities communities to to Virginia Virginia community community types types withwith highhigh confidence; however there areare several several units units that that cannot cannot be be classified classified based based on on the the information information provided.provided. InIn Table 11 DCR-DNH included included a a column column called called "Crosswalk "Crosswalk Confidence" Confidence" (High-Medium-Low) (High-Medium-Low) and and requests requests Atlantic classify the NLCD communities communities with with mediummedium andand low confidence using The Natural Communities of Virginia Classification of EcologicalEcological CommunityCommunity GroupsGroups document.document.

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Table 1 Vegetation Communities Communities Crossed Crossed byby the the Atlantic Atlantic Coast Coast Pipeline Pipeline (DCR-DNH (DCR-DNH Vegetation Vegetation Types and NLCDState State VegetationVegetation CommunityCommunity Type) DCR-DNH VEGETATIONVEGETATION TYPETYPE NLCD VEGETATIONVEGETATION COMMUNITY COMMUNITY NLCD STATE VEGETATION VEGETATION COMMUNITY COMMUNITY COMMUNITY TYPETYPEHPE CROSSWALKCROSSWAIX CONFIDENCECONFIDENCE AcidicAcldlc Oak—HickoryOak-Oak—Hickory Hickory Woodland/Savanna Woodland/Savanna Deciduous Forest Forest Northeastern Interior Interior Dry-Mesic Dry-MesicOak Dry-Mesic Oak Oak Forest Forest Low Bald CypressCypress -— —Water Water Water Tupelo Tupelo Tupelo Brownwater Brownwater Brownwater Swamp Swamp Woody Wetland Wetland Atlantic Coastal Coastal Plain Plain Blackwater/Blackwater/ Blackwater/ BrownwaterBrownwaterStream Brownwater Stream Stream Floodplain Floodplain Forest Forest High Bald Cypress-Tupelo Cypress-Tupelo Swamp Swamp (old-age (old-age stands) stands) Woody WellWetlandWetlandand AtlanticAtlanticCoastal Coastal Coastal Plain Plain Blackwater/BrownwaterStreamFloodplainBlackwater/ Blackwater/ Brownwater Brownwater Stream Stream Floodplain Floodplain ForestForest Forest High BasicBasicOak-Hickory Oak—HickoryOak—Hickory Woodland/Savanna Woodland/Savanna DeciduousDedduous Forest Forest Northeastern Interior Interior Dry-Mesic Dry-Mesic Dry-Mesic OakOak Oak Forest Forest Low Central AppalachianAppalachAppalachian lan Basic BaslcAsh-Hickoiy Basic Ash Ash —Hickory —Hickory WoodlandWoodland Woodland Grassland // /Herbaceous Herbaceous Central AppalachianAppalachian Alkaline Alkaline Glade Glade and and Woodland Woodland High Central AppalachianAppalachian Low-ElevationLow-Elevation Low-Elevation AcidicAcidic Acidic SeepageSeepage Seepage Swamp Swamp Woody WetlandWetland North-Central Appalachian AppalachianAppalachian Acidic Acidic Swamp Swamp High Central AppalachianAppalachian Mountain Mountain Pond Pond Pond (Threeway (ThreewaySedge (Threeway Sedge Sedge —Buttonbush-Buttonbush —Buttonbush Type) Type) Herbaceous Emergent Emergent Wetlands Wetlands Laurentian Laurentian-Acadian -Acadian -Acadian FreshwaterFreshwater Freshwater Marsh Marsh Medium Central Appalachian Appalachian ShaleShale Shale Barren Barren (Southern (Southern Type) Type) Mixed Forest Central AppalachianAppalachian Pine-Oak Pine-Oak Rocky Rocky Woodland Woodland Low Central Appalachian Appalachian ShaleShale Shale Barrens Barrens Mixed Forest Central AppalachianAppalachian Pine-Oak Pine-Oak Rocky Rocky Woodland Woodland Low Coastal Plain Plain / / Outer Outer Piedmont Piedmont AcidicAcidic Acidic SeepageSeepage Seepage Swamp Swamp [no[no crosswalk] crosswalk] [no[no crosswalk]crosswalk] Coastal Plain Plain Bottomland Bottomland Forest Forest (Brownwater(Brownwater (Brownwater LowLow Low Terrace Terrace Terrace Type) Type) Woody WetlandWetland Atlantic Coastal Coastal Plain Plain Blackwater/Blackwater/ Blackwater/ Brownwater Brownwater StreamStream Stream Floodplain Floodplain Forest Forest High Coastal Plain Plain Depression Depression Wetlands Wetlands Woody WetlandWetland Central AtlanticAtlantic Coastal Coastal Plain Plain Non-riverine Non-riverine SwampSwamp Swamp and and Wet Wet Hardwood Hardwood Forest Forest Medium Coastal Plain/Outer Plain/Outer PiedmontPiedmont Piedmont Seepage Seepage Seepage BogBog Bog HerbaceousHeibaceous Emergent Emergent Wetlands Wetlands Piedmont - - Coastal Coastal Plain Plain Shrub Shrub Swamp Swamp Medium Coastal Plain/Piedmont Plain/Piedmont Bottomland Bottomland Forest Forest Woody WetlandWetland Piedmont-Piedmont -Coastal Coastal Plain PlainPlain LargeLarge Large River River Floodplain Floodplain High Granitic Flatrock Flatrock [no[no crosswalk]crosswalk] [no[no crosswalk]crosswalk] LittleUttle BluestemBluestemflluestem — -— Indian-Grass Indian-Grass Piedmont Piedmont Piedmont Prairie Prairie [no[no crosswalk]crosswalk] [no[no crosswalk]crosswalk] Loblolly Pine/Little Pine/LittlePine/Little BluestemBluestem Bluestem Woodland/SavannaWoodland/Savanna Woodland/Savanna [no[no crosswalk]crosswalk] [no[no crosswalk]crosswalk] Non-Riverine Wet Wet Hardwood Hardwood Forest Forest Forest (Embayed (Embayed (Embayed RegionRegion Region Type) Type) Woody WetlandWetland Central AtlanticAtlantic CoastalCoastal Coastal Plain Plain Non-riveNon-riverine Non-rive rine rine Swamp Swamp and and Wet Wet Hardwood Hardwood Forest Forest High Piedmont Upland Upland Depression DepressionDepression SwampSwamp Swamp (Pin(Pin (Pin Oak-Swamp Oak-Swamp White White OakOakType) Oak Type) Type) Woody WetlandWetland Piedmont Upland Upland DepressionDepression Depression Swamp Swamp High Piedmont/CoastalPiedmonVCoastal Plain PlainPlain Hemlock—Hardwood Hemlock-Hardwood Hemlock—Hardwood Forest Forest Mixed Forest Appalachian (Hemlock) (Hemlock) - Northern- Northern Hardwood Hardwood Forest Forest Medium Ridge andand Valley Valley Calcareous Calcareous Spring Spring Marsh Marsh (Arrow-arum(Arrow-arum (Arrow-arum —Water-Water —Water Smartweed Smartweed Type) Type) Herbaceous Emergent Emergent Wetlands Wetlands Laurentian - - -AcadianAcadlan Acadian Freshwater Freshwater Marsh Marsh High Shenandoah Valley Valley Sinkhole Sinkhole PondPond Pond (Typic(TypicType) (Typic Type) Type) Herbaceous Emergent Emergent Wetlands Wetlands Laurentian - -Acadian Acadian Freshwater Freshwater Marsh Marsh Medium

DCR-DNHsupports supports FERC'sFERC'srecommendation recommendation on Page ES 11 "that "thatAtIantic Atlantic andand DTI DTl file an updatedupdated fragmentationfragmentation analysis; analysis; consider a 300-foot forested buffer as as the impactimpact area;area; discuss how the creation of forest edge or fragmentationfragmentation would affect habitat andand wildlife; and identify identify thethe measures thatthat would be implemented to to avoid,avoid, minimize, or mitigatemitigate impacts on interior/core forest habitat".

In order toto provideprovide thethe most most accurate accurate and and up-to-date up-to-date comments comments on on the the Atlantic Atlantic Coast Coast Pipeline Pipeline project, project, DCR- DCR- DNH requestsrequests shapefilesshapefiles asas changeschanges occuroccur toto the the projectproject containingcontainingupdated updated projectproject footprintfootprint [construction(construction right-or-way, access roads,roads, andand associatedassociated infrastructure infrastructure including proposed cellular towerstowers referenced on page 4-342).

An explanation of species species rarityrarity ranksranks and legal statusstatus abbreviations can be found at http://www.dcr.viEginia.gov/natural-heritage/helphttp://www.dcr.virginia.gov/natural-heritage/help.. Thank you you forfor thethe opportunityopportunity to comment on thisthis draft environmental impactimpact statementstatement for for the the Atlantic Atlantic CoastCoast Pipeline.Pipeline.

CC: Wil Orndorff, DCR-DNH-Karst DCR-DNH-Karst Amy Ewing,Ewing, VDGIF VDGIF Troy Andersen, USFWS USFWS

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Literature CitedCited

Landenberger, R.R.E.,E, N. N.L.L. Kota, Kota, and and J. B.J.B. McGraw. McGraw. 2007. 2007. SeedSeed dispersaldispersal ofof thethe non-native invasive tree Ailanthus altissima into contrasting environments. Plant Plant Ecology Ecology 192:192: 55-70.

Mortensen, D.A.,D.A., E. E.S.J.S.J. Rauschert, Rauschert, A. A.N.N. Nord, Nord, and and B. P.B.P. Jones. Jones. 2009. 2009. Forest Forest roads roads facilitatefacilitate thethe spread ofof invasive species. InvasiveInvasive PlantPlant ScienceScience and Management 2:2:191-199. 191-199.

The NatureNature Conservancy.Conservancy. 2015.2015. ReducingReducing ecological ecological impactsimpacts ofof shale shale development: development: recommendedrecommended practices forfor thethe Appalachians. Appalachians. http://www.nature.org/media/centralapps/recommended-shale-http://www.natuhttp://www. nature. re.org/media/centralapps/recommended-shale-org/media/centralapps/recommended-shale- practices-ecological-buffers.practices-ecological-buffers.pdfpdf

Thorell, M. andand F.F. Gotmark. Gotmark. 2005.2005. ReinforcementReinforcement capacity of potentialpotential bufferbuffer zones:zones: forestforest structurestructure and conservation values around forest reserves inin southernsouthern Sweden. Sweden. Forest Forest Ecology Ecology and and Management Management 212: 212: 333-345.

With, K.K.A.A. 2002.2002. The landscape ecology ofof invasiveinvasive spread.spread. ConservationConservation BiologyBiology 16:1192-1203.16: 1192-1203.

25 Potential Impact of Proposed Atlantic Coast Pipeline Route on Installed Best Management Practices

5 4

Number of PotentiallyAffected BMPs Within 1,000ft of Proposed Pipeline Route Total Cost Share Payments for PotentiallyAffected BMPs Within 1,000ft of Proposed Pipeline Route

CCI SE 1 CCI-SE-1 CP-21 - CP-21 - CP-22- CP-22 - ! CRFR-3- ( CRFR-3 - ir c, H loo M IS+-'il CRLF 1 CRLF-1 - Ü Elkton r:ladl son CRSL-6 CRSL-6- er FR-1 - FR-1 - ; Pratts LE-1T- LE-1T- SL-1 - SL-1 - SL 11 SL-1 1 - (! SL-6- SL-6 - SL 68 SL-613- Augusta (!(! SL-813- SL-813- (! 436m JForl SL-8H- SL-8H- (! Defiance \AP 1 V\P-1- Verona WP-2 - VvP-2- (! WP-3 VvP 3 ! WP-4 (!( VvP-4 - V\P-413- 1AP-413- !(! \AP 4C 1AP-4C- ( WQ-1 (! WQ-1- =1LCH_L-1.6 watoga (!(! Slate Park Vv0-4- (! ill moo olo (!(! 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 5,Id00 10:000 15:000 20:000 25:000 30,ID00 35:000 40,ID00 45:000 50:000 55:000 60:000 65:000 70:000 75:000 Number of BMPs PotentiallyAffected Cost Share Payments ($) Stuarts ihurst Draft (! Mr•-13 LOUISA GeoRge Washingban Nat011 at Fe,* Li Total Tax Credits Issues for Potentially Affected BMPs Within 1,000ft of Proposed Pipeline Route

CCI-SE-1 CP 21 CP 22 CRFR KING CRLF 1 (!(!(! W IL CRSL-6- FR-1 I 420 ro LE-1T- iley Lex ing r SL- 1 -= SL-11 SL- 6 I-B.135(.31)k HWY SL- 613 SL-813 SL- 8H - WP-1 WP-22-M

1:,II!III WP 34 WP-4 .:.urriberiand ATALI WP-413 r rev Dillwyn Lake State 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM Siva et Forest WP-4 C-= Briar (! WO-1 WO-4- ,astie HEN R I 1,d00 2,d00 3,000 4 ,d00 5,d00 6,d00 7,000 8,000 9,000 10:000 11:000 12:000 13:000 14:000 (! Tax Credits Issued ($) ' irgham - (! APPOKI. TT. 218 rr-.. (!(! - •• Notes: illamont Montvale Z21-..„ Eore (!(! -121 potentially impacted BMPs , - Revel, Rd - A P P6.141-14.TOX -$311,421.61 in cost share payments made for those BMPs (!(! -$36,458.67 in tax credits issued for those BMPs (! -Excludes Nutrient Management, Septic and Resource Management Plan BMPs C o Ions Height -Includes only Cover Crop BMPs which were installed during PY15 _ . -All other BMPs included regardless of lifespan (!(! ?rime FRI ICE George PRINCE rU t ARD GEORGE

Lynch (!(! r. (!(! (!

l hilt nroe CHARLOTTE CHA LO TE (! Stang 330 n7 Creek . Mc Ke nney•Hwy i.fginta G „,In a • Rd i?ach

,Oheszipe !(!(!(!(! TTS VAIN:\ (!(!((! (!(! 'Bethel 9-6 HALIFAX Halifax (! ' Moon t, Centerville 6e! South. l-•[ danax (! olli sydle 13ostdn (!(!(!(! (!(!(! !((!(! (! Legend Clarksvi e (!(!(!(! (! TH A M PTO] I VILLE (!(! I Ilri r •Id GR (!(!((! 'caul if Karr BRUNSWICK (! (! MECKLEII r URG VIRGINIA Aq RI' rroir (! Potentially Affected BMPs INA IRGINIA NORTH C. Wal- Kerr LaND 'State Rec re alto n Are a if Seab oard Atlantic Coast Pipeline Route ilyco — - Roangke take Spills Sources: Esri, DeLorme, HERE, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, and the GIS User Community

0 10 20 40 60 80 Miles 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

MollyMnllyJ. J. Ward COMMONWEALTH ofof VIRGINIA Robert W. Duncan Secretor%Set. rehir, ofof NtiiiiniiNatural Re.Resourceswurces Department of Game and Inland Fisheries ExecutiveExettitivif Director

February 24,24, 2017

Julia Wellman Environmental Impact Review Review Coordinator Department of Environmental Quality 629 E.E. MainMain Street Richmond, VAVA 23219

RE: Atlantic Coast Pipeline Rev 11 IIb b CorridorCorridor ReviewReview and Draft EISEIS Review;Review; ESSLog# 34825

Ms. Wellman,

In response to your request for for comments on on the the Draft Draft Environmental Environmental Impact Impact Statement (DEIS) forfor the the Atlantic Coast Pipeline Project, we offer the following new new information information and and updates toto ourour previous previous comments. comments. AtlanticAtlantic CoastCoast Pipeline,Pipeline, LLC (Atlantic) proposes to construct and operate aa natural gasgas transmissiontransmission pipeline,pipeline, and associatedassociated lateral pipelines,pipelines, in Virginia. AsAs proposed, proposed, the the project project crosses crosses three three ofof VDGIF's VDGIF's four four administrative administrative regions, crosses one one of of our our Wildlife Wildlife Management Management AreasAreas (James (James River River WMA), WMA), and and borders borders another another WMA (Horsepen). (Horsepen). We We recently recently submitted submitted a a letter letter (enclosed, (enclosed, 7 7 FebruaryFebruary 2017), 2017), to Dominion that includedincluded our reviewreview of project corridor Rev 11a,1 la, and of survey reports, reports, habitat assessments, and other recent informationinformation submitted to us by Atlantic regarding this project; much of it based on our recommendations andand followingfollowing our guidelines.

The Virginia Department of Game and Inland FisheriesFisheries (VDGIF), asas the Commonwealth's wildlife andand freshwater freshwater fish Hsh management agency, exercises enforcement enforcement andand regulatory jurisdictionjurisdiction overover those resources, inclusive ofof state state or or federally federally endangeredendangered or threatened species, species, butbut excludingexcluding listedlisted insects.insects. WeWe are are a a consultingconsulting agencyagency under under thethe FishFish and WildlifeWildlife Coordination ActAct (48(48 Stat. 401,401, as amended; 1616 U.U.S.C.S.C. 661 et seq.),seq.), andand we provide environmental analysis of of projects projects or or permit permit applicationsapplications coordinated coordinated through through the Virginia Department of Environmental Quality (DEQ), thethe VirginiaVu-ginia MarineMarine ResourcesResources Commission (MRC),(MRC), thethe Virginia Virginia Department Department of Transportation Transportation (DOT),(DOT), thethe Army Army CorpsCorps of Engineers (ACOE), thethe Federal Federal EnergyEnergy Regulatory Regulatory CommissionCommission (FERC), (FERC), and and other other state state or federal agencies. OurOur role role inin these these procedures procedures isis toto determine determine likelylikely impactsimpacts uponupon fishfish andand wildlife resourcesresources andand habitat, habitat, and to recommendrecommend appropriateappropriate measures to avoid, reducereduce or compensate for those impacts.

7870 VILLA PARK DRIVE, P.O.P. O. BOX 90778, HENRICO, VA 23228-077823228. 0778 (804) 367..101)1) 367. 1001)(V/TDD) (V/TDD) £gua/Equal Opportunity Employment,Emplnyment, Programs and Facilities FAX (8(M>(804) 367-9147367. 9147 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Julia Wellman FebruaryFebmary24, 24, 20l72017 Page 2

Rev libllb Review: Review: We received a shapefile depicting Rev 1lb1 Ib on on February February 6,6, 2017.2017. WeWe note note that that thethe DEIS periodically referencesreferences aa RevRev 12,12, whichwhich wewe havehave notnot received.received. Review of the the Rev 11 Iblb corridor confirmed that therethere areare fewfew significant deviationsdeviations fromfrom thethe corridor corridor alignment thatthat was proposed in RevRev 111 la. a. However, the Rev l1 lbIb shapefile shapefile that that we received only included included the project centeriinecenterline andand mileposts.mileposts. We were were not not provided a new coverage depicting proposed access roads,roads, staging areas, metering stations,stations, oror otherother facilities. facilities. If any changes to the location or alignment of such features have been made sincesince Rev 1I la,la, we recommendrecommend that thosethose changeschanges be be provided toto usus forfor review.review. TheThe comments comments herein herein address address only thethe RevlRevllbcenterline. lb centerline.

Based on the few changes offered offered in in this this route route revision, no additional listedlisted species or designated resources under our jurisdictionjurisdiction werewere identified as in need of additional consideration. InIn fact, fact, in in most most instances, instances, the the new new alignment alignment appears appears to to reduce reduce impacts impacts upon upon streams, wetlands, and other naturalnatural features. features. However, the new alignment does result result in impacts upon natural oror semi-naturalsemi-natural areasareas which which havehave notnot yetyet beenbeen assessedassessed for suitability to support thethe listedlisted speciesspecies for which we have have previously previously recommended recommended consideration.

Of particular particular notenote isis the newly proposed proposed location location for for the the Cowpasture Cowpasture River crossing. crossing. The CowpastureCowpasture River has been designated designated a a ThreatenedThreatened and and Endangered Species Water Water due to the presence of federally federally Endangered James spinymussels. Therefore,Therefore, to to ensure ensure protection protection of James James spinymussels, spinymussels, wewe recommend recommend that that a amussel mussel survey survey and and relocation relocation be be performed performed fromfrom 100 meters meters upstreamupstream through 400400 meters downstreamdownstream of impact impact areas in thethe Cowpasture Cowpasture River. River. This survey should be be performed performed by a a qualified,qualified, permitted permitted biologist, preferably preferably no more more than than six months prior toto the startstart of of construction.construction. All surveysurvey andand relocation activities shouldshould adhere adhere to the attached draftdraft guidance.guidance. AnyAny relocations relocations should should be be coordinated coordinated withwith BrianBrian Watson,Watson, VDGIFVDGIF Region II Aquatic Resources BiologistBiologist (434-525-7522), andand no no federallyfederally listed species shouldshould be relocated withoutwithout first first coordinatingcoordinating with with the the USFWS USFWS (804-693-6694). (804-693-6694). InIn addition,addition, wewe recommend a time of year restriction (TOYR) on all instream work ofof May 1515 through July 3131 of any year.year. SurveySurvey results results shouldshould bebe made made available available to to Amy Amy Ewing Ewing in in VDGM's VDGIPs Headquarters Headquarters office inin Henrico,Henrico, andand to Brian Watson in VDGIF'sVDGIFs ForestForest Office. Office. Upon review ofof the the results, results, we willwill make make final final recommendations recommendations regarding regarding the protection ofof listed species known known from from the area. AllAll survey survey reports reports shouldshould referencereference ESSLog#34825,ESSLog#34825, included included in in the the header header of of this this letter. letter.

If the applicant prefers, theythey may provide us with good, representative representative photographs of the impact area(s) forfor ourour review.review. The photos photos should should clearly depict the size ofof the the stream, stream, thethe substrate type,type, andand thethe banksbanks upstreamupstream and and downstream downstreamof of the the site. site. UponUpon reviewreview of the the photos, we may may be able able to to dismiss dismiss thethe need need for for a a musselmussel survey survey based based onon the the habitat habitat available on site. Further, wewe recommend coordinationcoordination withwith the USFWS regarding federallyfederally listedlisted species inin thethe area.

To ensureensure protection of listedlisted species species and and designated designated resources resources under under our our jurisdiction, we recommend recommend that that all newly proposed proposed areas areas of of disturbance disturbance be assessed forfor their their suitability suitability to support any of the listed species known known from from the the area, area, per our previousprevious comments. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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Once such habitat and suitability assessments have been performed and we have had the opportunity to review those assessments, we will make additional comments regarding the need for further assessments, surveys, or protective measures to ensure protection of wildlife resources under our jurisdiction.jurisdiction.

DEIS Review Regarding Sensitive Wildlife Species and Resources: Over the past few months, we have received many survey reports, habitat assessments, and other documents resulting from biological data collection along the proposed pipeline corridor; many of them based on ourour recommendations and following ourour guidelines.guidelines. We provided our comments, recommendations, and guidance regarding these studies in the enclosed letter to Dominion dated February 7, 2017.

We support FERC's determinationdetermination in in the the DEIS DEIS thatthat construction construction and operation of the ACP may affect or be likely to adversely affect Indiana bats, northern long-eared bats, Roanoke logperch, and Madison Cave isopods.isopods. WeWe are arc not not the thejurisdictional jurisdictional Virginia agency for management and protection of plants, so we defer to VDACS and VDCR-DNH regarding the determination for running buffalo clover. WeWe recommend recommend continuedcontinued coordination with the USFWS regarding impacts upon thesethese species.species. We support FERC's recommendationsrecommendations to Atlantic that they provide the information we and other agencies and organizations have requested prior to the end of the DEIS comment comment period.period. WeWe note note that that we still are awaiting the results of some surveys and habitat assessments performed late late in 2016, the results of biological data collection proposed for 2017, and results of surveys or assessments covering newly proposed areas of disturbance depicted depicted inin RevRev 1 Ib.lb. UntilUntil wewe have been provided this information for review, we cannot make final determinations regarding likely impacts upon affected species and resources under our jurisdiction. jurisdiction. BasedBased onon our our review review of the DEIS and recent submittals, however, we offer the following additional information, including updates to our earlier comments.

Atlantic sturgeonstureeon (federal endangered;endangered: state endangered): We currently are finalizing Threatened and Endangered Species Water designations and protective recommendations for Atlantic sturgeonsturgeon inin Virginia. UntilUntil resourceresource designations and guidance are finalized, we defer to NOAA Fisheries Service regarding protection of Atlantic sturgeon. WeWe recommend recommend continued continued coordination coordination withwith them, them, particularly particularly regarding the determination in section 4.4.6.2.26.2.2 of the DEIS that adherenceadherence to to the anadromous fish use area time of year restriction for water withdrawals from the Elizabeth River is protective of Atlantic sturgeon. WeWe note note that that there there is is evidence evidence ofof Atlantic Atlantic sturgeon sturgeon fall-spawning fail-spawning activity that may warrant an additional TOYR during that season.

J^oanokeRoanoke logperchloeoerch (federalffederal endangered:endangered; state endangered): We provided specific guidance regarding recently performed and ongoing habitat assessments for Roanoke logperch in the Nottoway River drainage in our February 7, 2017 letter to Dominion (enclosed). WeWe recommend recommend adherenceadherence toto our our guidance guidance andand thatthat thethe clarity and confirmations we requested be provided. AsAs stated stated in in that that earlier earlier letter, letter, wewe support assumption of presence in the Nottoway River, Waqua Creek, Butterwood Creek,Creek, andand WhiteWhite OakOak Creek. Creek. We recommend adherence to an instream work TOYR fromfrom March 1515 through June 30 of any year inin 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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these waters and at thethe sitesite of any instream work within 11 mile upstreamupstream of thesethese waters (tributaries). WeWe recommendrecommend recommend adherence adherenceadherence to to the the Fish Fish Relocation Relocation Plan,Plan, developed developed cooperatively between USFWS, USFWS, VDGIF,VDGIF.VDGIF, andand Atlantic. Atlantic. WeWeWe recommendrecommend recommend thatthat that the the results results of of the on-site assessments performed inin 20162016 at at UNTUNT Nottoway Nottoway RiverRiver 11 AccessAccess Road (AR), (AR).(AR), UNT Nottoway 2, and UNT Nottoway 2 (AR) be be provided provided to usus forfor review.review. WeWeWe recommendrecommend recommend that that all sites determined to provide suitable habitathabitat but but which which werewere notnot accessibleaccessible duringduring 20162016 bebe assessedassessed for suitability as soon as as they they become become accessible accessible and and thatthat that thethe results resultsresults of of thatthat that suitability analysis be provided to us for review. WeWeWe recommendrecommend recommend thatthatthat any any newly newly proposed proposedproposed areasareasareas of of instream instream work in the Nottoway drainage drainage be assessed for for suitability suitability to to support support Roanoke Roanoke logperch iogperchlogperch and and thatthat the assessment be provided to us for review.review, UponUponUpon review reviewreview of ofof additional additional additional reports reportsreports andand information,information, we will makemake additionaladditional recommendationsrecommendations regarding protection ofofRoanoke Roanoke logperch and the resources that support them.them. WeWeWe recommend recommend coordination coordination with with the the USFWS USFWS regardingregarding regarding potential potential impacts upon this species associatedassociated withwith developmentdevelopment andand operationoperation of the the ACP.

OrangefinOraneefin madtom (state("state threatened):threatened): This speciesspecies is is native native to to Virginia's Virginia's RoanokeRoanoke Roanoke RiverRiver River watershed,watershed, watershed, but butbut it it has has been been introduced introduced into the James RiverRiver drainage.drainage. NeitherNeither do do we we document document thisthis species, species, which which often often co-occursco-occurs with Roanoke logperch, to be native to the NottowayNottoway RiverRiver drainage.drainage. Hence,Hence, wewe agree agree withwith the finding in the DEIS that that construction and operationoperation ofof thethe ACPACP areare likelylikely to adversely impact only thethe introduced introduced population ofof this speciesspecies in thethe JamesJames River watershed. Therefore, we do not recommend any protectiveprotective measuresmeasures forfor thisthis fishfish other other than than adherenceadherence to typicaltypical instreaminstream work best management practices (BMPs),(BMPs), including adherenceadherence to erosion andand sediment controls and the Fish Relocation Plan.

Madison Cave Cave isopod isopod (federal (federal(Tederallhreatened; threatened: threatened; state state threatened): threatened): We do not not document thisthis species species from from the the project project area, area, but but wewe recognize recognizerecognize that that our our data data may not include all knownknown oror suitable sitessites that supportsupport thisthis species.species. Therefore,Therefore, wewe supportsupport coordination with us, the USFWS, andand VDCR-DNHVDCR-DNH regardingregarding surveysurvey andand protective recommendations for thisthis species.species. UponUpon review review of ofof anyany any newnew new information informationinformation regardingregarding thisthis species,species, we will makemake additional additional commentscomments andand recommendations recommendations regardingregarding thethe protection ofof Madison Cave isopods.

Freshwater mussels:mussels: We receivedreceived a a reportreport in late September 2016 thatthat details the the habitat habitat assessments and surveys performed,performed, per our recommendations andand followingfollowing our guidance, toto addressaddress concerns related to the protection of listed freshwaterfreshwater musselsmussels andand the the resources resources thatthatthat support support them. Specifically, wewe recommended recommended considerationconsideration ofof James James spinymussels spinymussels (federal(federal(federal endangered;endangered; state endangered), yellowyellow lance mussels (federal(federal species ofof concern),concern), AtlanticAtlantic pigtoe musselsmussels (state(state threatened), andand greengreen floaterfloater mussels mussels (state threatened); all all whichwhich havehave been documented from from the project area. OurOurOur commentscomments comments onon on thethe the surveyssurveys surveys and and habitat habitat assessments assessments reviewedreviewed to toto date date are are included in our enclosed letter to Dominion dateddated FebruaryFebruary 7,7,7, 2017.2017.2017. WeWeWe continuecontinue continue to toto support support thethe recommendations inin that that letter regarding Threatened and EndangeredEndangered SpeciesSpecies Waters.

We supportsupport assumption ofof listed mussel presence atat the crossings ofof the the CowpastureCowpasture River, James River,River. Appomattox River,River, NottowayNottoway River,River, SturgeonSturgeon Creek,Creek, MeherrinMeherrinMeherrin RiverRiver andand 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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their perennial tributaries,tributaries, as as statedstated inin thethe DEIS.DEIS. We reiterate reiterate that musselmussel surveys and relocations at the sites of instream instream work within any of these these waters waters isis recommended recommended and and that that work should be performed by a permitted, qualified biologist and and in adherence to our guidance (enclosed). We We support support efforts efforts proposed proposed for for 2017 2017 to to perform perform assessments assessments and/or and/or surveyssurveys at at the the stream crossing sites that were not accessible during the 2016 survey survey season oror that that need to be considered based on the newly-proposed project alignmentalignment depicteddepicted inin Rev Rev 111b. Ib. WeWe note note that that mussel survey and relocation lengths are partially determineddetermined by by the the crossing crossing method. method. If blasting is required required to cross any stream known or expected to support listedlisted mussels, we may may require require more extensive surveys surveys than than are typically recommended for trenchedtrenched streamstream crossings. crossings. We recommend thatthat the applicant provideprovide us withwith the location of any proposed instream blasting so that wewe may review each site for for potential impacts upon freshwaterfreshwatermussels. mussels. We recommend recommend that thethe resultsresults ofof any surveys and assessments be provided provided toto us forfor furtherfurther review,review, including the remaining late-2016 survey reports reports for proposed crossingscrossings ofWinningham of Winningham Creek, NottowayNottoway River 1, and Cohoon Creek. Creek. UponUpon receipt receipt and review of these surveys and assessments, we will offer additional additional comments and and recommendations regarding the protection of freshwater mussels under our jurisdiction.jurisdiction.

In our February7, 7, 20172017 letter, we recommended consideration of impacts impacts upon James James spinymussels inin Back Creek and thethe JacksonJackson River, River, Bath Bath County. County. Although Although wewe have not designated thesethese streams streams as Threatened Threatened and Endangered Species Species Waters, our Malacologist,Malacologist, Brian Watson, has reason to believebelieve that JamesJames spinymusselsspinymussels may occupy these streamsstreams based on their their adjacency to occupied sub-watersheds sub-watersheds (Bullpasture(Builpasture River/Cowpasture River). It appears, basedbased onon thethe informationinformation includedincluded inin AppendixAppendix Kl,K1, that aa musselmussel survey is being proposed for the crossing ofof the the Jackson Jackson River, River, andand that no mussels werewere found found during during aa survey performed at BackBack Creek. WeWe appreciate appreciate these these efforts efforts and and recommend continued coordination with us and the USFWS regardingregarding the survey of the Jackson River.

We continue to to recommend recommend that that instream instream work work in in designated designated ThreatenedThreatened and and Endangered Endangered Species Waters Waters (waters (waters knownknown to to support support listed aquaticaquatic species) andand instream instream work at sites within 1 1 milemile upstream upstream of such such waters waters (tributaries) (tributaries) adhere to the previously-recommendedpreviously-recommended time of year restrictions (TOYR) protective ofmusselsof mussels knownknown from from thatthat water, whether listed mussels were found during surveys at suchsuch sitessites or not. ItIt is is important important that listedlisted mussels known from downstream of the the work site site also also be be protected protected from from harm, harm, achieved through through adherence to TOYR and typical mstreaminstream workwork BMPs. BMPs. WeWe recommend recommend the the table table in Appendix K1 Kl of the DEIS be updated to reflect commitment from Atlantic to adhere adhere to TOYR for instream as described above. CrossingsCrossings beingbeing performed performed via via Horizontal Horizontal Directional Directional Drill Drill (HDD)(HDD) that that do not not include any instreaminstream work in these waters may not need to adhere toto TOYR or mussel surveys and relocations.

As described described inin earlier earlier correspondence with the applicant, negative surveys are only valid for two years. IfIf the the crossing crossing sitessites surveyed surveyed inin 20162016 do do not not commence commence constructionconstruction before 2018 (two years years post-survey), wewe may may recommend recommend additional additional survey activities at those sites to to ensure colonization of of mussels mussels has has not not occurred occurred inin the interim. WeWe recommend recommend coordination coordination withwith the USFWS regardingregarding potential impacts upon federally-listed speciesspecies associated with the development and and operation of the ACP.ACP 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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Listed salamanders: As described described in in earlier earlier correspondence correspondence withwith the the project project applicant,applicant, bothboth statestate EndangeredEndangered eastern tiger salamanders and state Threatened Mabee'sMabee's salamanderssalamanders are documented from the project area. ToTo ensure ensure protectionprotection of these these species and and the the habitats habitats upon which they depend, we recommended thatthat wetlands proposed to be impacted by pipeline construction, operation,operation, or maintenance and within the documented range ofof these species bebe evaluated evaluated for for habitat habitat suitability for these species. WetlandsWetlands deemed deemed suitable suitable should should be be surveyed surveyed forfor the species, andand occupied wetlands/pondswetlands/ponds andand an an upland upland buffer of 300 meters meters around around the wetland/pond should be protected from project impacts. TheThe listed listed salamander salamander reportreport that wewe were provided for review details habitathabitat assessment andand salamander survey activities thatthat occurred duringduring thethe 20162016 season.

Habitat assessments andand surveyssurveys forfor eastern eastern tigertiger salamanderssalamanders were performed,performed, perper our recommendations, at wetlands along the pipelinepipeline corridorcorridor inin Augusta Augusta and and Nelson Nelson counties. counties. Only one of the the four four wetlands wetlands thatthat were were identified identified as as suitable suitable eastern eastern tiger tiger salamander salamander habitathabitat and accessible for for surveys surveys waswas found found to to be be occupied occupied by by eastern eastern tigertiger salamanders (waua050f). Because eastern eastern tigertiger salamanders must havehave access to wetlands/ponds/vernalwetlands/ponds/vemal pools toto breed, breed, and to the associated uplandsuplands in which they live thethe restrest of the the year, we recommended recommended that waua050f and an at-least 300 meter upland bufferbuffer bebe avoided.avoided. AfterAfter aa sitesite visit to the occupied wetland with our Herpetologist, JohnJohn (J.D.)(J.(J.D.)D.) Kleopfer,Kleopfer, andand asas reflected reflected inin Rev Rev 11 1lb,1 Ib,b, thethe the project project corridorcorridor was shifted to thethe west ofof pond pond waua050fwaua050f andand outside of its its drainagedrainage area. ByBy protecting protecting the water source for waua050f from from impacts impacts andand by by moving moving the the corridor corridor fartherfarther from the ponded area, as shown in Rev 11b,1lb,1 Ib, wewe we areare are satisfiedsatisfied satisfied thatthat that significant significant adverse adverse impacts impacts uponupon waua050fwaua050fand and the eastern tiger salamanders that inhabitinhabit itit havehave beenbeen avoided.

We recommend recommend thatthat any wetlands located in Augusta or Nelson countycounty thatthat are newly proposed for impacts (based onon the RevRev 11lb1 Iblb alignment) alignment) oror that that werewere notnot accessibleaccessible during 2016,2016, be assessed for for suitable suitable eastern eastern tiger tiger salamander salamander habitathabitat and that anyany suitablesuitable wetlands be surveyed following thethe previously-provided protocols. TheThe survey survey protocolsprotocols we provided provided to Atlantic and their environmental consultants stipulate that twotwo yearsyears ofof surveys are necessary to confirm lack ofofambystomid ambystomid salamander presencepresence inin anyany givengiven wetland/pond. We recommend recommend that the wetlands thatthat were determined determined to to provide suitable suitable eastern eastern tiger tiger salamander salamander habitathabitat andand that werewere surveyedsurveyed during 2016,2016, but thatthat were were notnot occupied occupied inin 2016 2016 (wauclOSf,(wauc103f, waub103f,waubl03f, andand wnep0010,wnepOOlf), be be surveyed surveyed again again in in 2017 2017 to to confirm confirm lacklack of presence.

Habitat assessments and surveys for Mabee's salamanders salamanders werewere performed, performed, perper our recommendations, in wetlands alongalong thethe pipelinepipeline corridorcorridor in in the the City City of of Suffolk Suffolk in in 2016. 2016. NoNo Mabee's salamanderssalamanders were were documented documented at at the two wetland wetland features features (ponds) (ponds) determined determined suitable habitat and and accessibleaccessible for surveys in 2016.

Because two two years years of of surveys surveys are are necessary necessary to to confirm confirm lack lack of ofambystomid ambystomid salamandersalamander presence inin anyany givengiven wetland/pond, wetland/pond, wewe recommend recommend thatthat the the wetlandswetlands determineddetermined to be suitable Mabee's salamander salamander habitat thatthat werewere availableavailable forfor surveyssurveys inin 20162016 but were not occupied (wsucl0le(wsuclOle and and wsuc007e) wsuc007e) be be surveyed surveyed again again during during in in 20172017 to to confirm confirm lack of presence. InIn addition, we recommend that any wetlands located in the City of Suffolk thatthat are newly proposed for impacts (based on the Rev 11 Iblb alignment) or that werewere notnot accessibleaccessible during 20162016 be 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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assessed forfor suitable suitable Mabee's Mabee's salamandersalamander habitathabitat and that any suitable wetlands be surveyed following the the previously-provided previously-provided protocols.

We recently received Atlantic's 2017 Listed Listed SalamanderSalamander Study PlanPlan forfor review. review. We will coordinate directly with Atlantic Atlantic andand their their environmental consultants regarding thethe suitabilitysuitability ofof this plan. UponUpon review review of of upcoming upcoming surveys surveys and and assessments, assessments, wewe will will make make additional additional comments and and recommendations regardingregarding the protection of eastern tiger salamanders, Mabee's Mabee's salamanders, and the habitats that supportsupport them,them, withwith regardregard toto developmentdevelopment and operation ofof the ACP.

Listed Bats: Based on guidanceguidance from from VDGIFVDGIF and and the the USFWS,USFWS, Atlantic Atlantic and and their their consultants performed acoustic and mist-net surveys during 2015 2015 and 2016 to to inform inform our our concerns for the protection of federally federally Endangered Endangered IndianaIndiana bats, federally Endangered Virginia big-eared bats, federally Threatened northern long-earedlong-eared bats, and statestate EndangeredEndangered Rafinesque'sRafinesque's eastern big- eared bats, allall of which are documented from thethe projectprojectarea. area. AllAll surveys followed federal federal protocols and were approved and permitted,permitted, as as necessary.necessary. Specific commentscomments regarding regarding these surveys and assessments are are included in our enclosed February 7, 7, 20172017 letter to Dominion.

We recommend avoidance of impacts impacts upon upon all previously-known and newly documented hibernacula,hibemacula, roost sites, and and roost trees and adherence to federal guidelines for for their their protection. We recommend coordination with us regarding anyany unavoidableunavoidable impactsimpacts locatedlocated withinwithin 0.0.55 mile of such such resources resources forfor state-only listed bats. bats. WeWe recommend recommend that that any any new new lands lands and and habitats habitats now within the project scope,scope, based on on thethe RevRev 1lb1 Ib corridor, corridor, bebe assessed following the the protocols previously used. WeWe continue continue to to recommend recommend adherenceadherence to VDOIF'sVDGIF's "Best ManagementManasement PracticesPrjctices for Conservation of Little Brown BatsBaLs and Tri-colored Bats"Bats" and and coordination with us and the USFWS regarding potential impactsimpacts uponupon Virginia'sVirginia's bats as surveys continue into 2017.2017.

Listed Small Mammals: During previous coordination with Atlantic and its environmental consultants, we recommended consideration of impacts impacts upon upon state state Endangered Endangered rock voles, state state Endangered Endangered American water shrews, shrews, and Wildlife Wildlife Action Plan (WAP) Species ofof Greatest Greatest Conservation Conservation Need (SGCN) TierTier IVaFVa Allegheny Allegheny woodrats.woodrats. Accordingly,Accordingly, Atlantic Atlantic and and its its environmental environmental consultants performed habitat assessments assessments and small mammal surveys along along the the currently proposed pipeline corridor. OurOur commentscomments regarding regarding thosethose surveys surveys and and habitat habitat assessments are are included in the enclosed letterletter to Dominion dateddated February 7,7, 2017.2017.

We recommend avoidance ofof impacts impacts uponupon areasareas already identified as suitable listed small mammal habitat habitat and at which there is evidence to to support support their their presence, including including latrinelatrine sites. WeWe recommend recommend that that the the applicant applicant provide provide us us with with information information regarding regarding the four crossing sites on on streams streams identified identified asas suitable suitable waterwater shrewshrew habitat habitat and any proposed conservation measures to ensure avoidanceavoidance ofof impacts uponupon thisthis species.species. WeWe also also recommend recommend continued coordination with us regarding small small mammals asas surveyssurveys and assessmentsassessments continue into 2017 and onto lands not accessible duringduring 2016 or or which are newly within within the the project scope. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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Listed Birds: Based onon their their occurrence within thethe ACP project area, wewe recommended protection of state Threatened loggerbeadloggerhead shrikes and recommended adherence to a TOYR for for ground ground clearing and tree removal from April 11 through July 31 of any any year year for work performed in Highland County, Bath County, or AugustaAugusta County; County; oror withinwithin thethe Rockfish RockfishValley Valley RegionRegion of of Nelson County. InIn their their response response to to our our recommendations, recommendations, AtlanticAtlantic andand their their environmental consultants agreed to adhere to the TOYR in Bath, Highland, and Augusta counties except for for the the area area in Augusta from project mile point (MP) 114.8114. 8 — - 126.126. PerPer our recommendation, surveys for loggerhead shrikes were performed throughoutthroughout thisthis areaareaduring during 2016. 2016. Specific commentscomments about about these surveysurvey areasareas andand results areare includedincluded inin the the February February 7th letterletter to Dominion.

The DEIS does not not include include any any information information regarding regarding loggerhead shrikes, our recommendations regarding their protection, or thethe resultsresults ofof surveys performed for the species; nor any indication of Atlantic's commitmentcommitment toto adhereadhere to the TOYRTOYR protective of nesting loggerhead shrikes. WeWe recommend recommend the the DEIS DEIS bebe updated updated to to include include this this information. information.

State Threatened peregrine falcons also have have been been documenteddocumented from from the the eastern eastern portion portion of the the project area, primarilyprimarily fromfrom nest nest boxesboxes locatedlocated onon bridges.bridges. Although we do do not not document document natural peregrineperegrine falconfalcon nests (eyries) or nesting habitat habitat along the proposed pipeline corridor, we did ask Atlantic to assess habitat habitat alongalong the the pipelinepipeline routeroute forfor suchsuch features features duringduring already- planned aerial surveys.surveys. NoNo significant significant cliffcliff habitat habitat suitable suitable for for nesting peregrine falcons was documented along the pipeline corridorcorridor during aerialaerial investigations.investigations. Thus, we do do not not anticipate anticipate this project to result in significant adverseadverse impacts impacts upon upon peregrine falcons falcons or or resources resources that that support them. IfIf significant significant bridgebridge oror near-bridge near-bridge disturbancedisturbance in eastern Virginia becomes partpart of the the project, we recommend recommend additional additional coordination coordination with us regarding protection of nesting peregrine falcons on such such structures. structures.

Based on knownknown presencepresence ofof federally federally Endangered Endangered red-cockaded woodpeckers in southeastern Virginia and North Carolina, habitat assessmentsassessments and subsequent cavity searches were performed along the proposed pipeline corridor corridor within areas of known habitat, habitat, per USFWS guidelines. NoNo red-cockaded red-cockaded woodpeckers woodpeckers or or suitable suitable cavities cavities were were documented documented fromfrom Virginia.Virginia. Therefore, we do not not anticipate anticipate thethe construction and operation of the ACP to to result in adverse impacts upon red-cockadedred-cockaded woodpeckers. However,However. we we recommend recommend continued continued coordination coordination with the USFWS regardingregarding potential impacts upon this species.

Bald and Golden Eagles: Bald and golden eagles are are known from Virginia. AtlanticAtlantic and and its its environmental environmental consultants performed, at thethe requestrequest ofof the USFWS, aerial surveys for bald eagles and golden eagles along along thethe proposed pipeline corridor. Both species of eagle eagle were were documented documented in in multiplemultiple locations along along the the corridor. WeWe recommend recommend continue continue coordination coordination withwith the the USFWS USFWS regardingregarding potential impacts upon bald and goldengolden eagles, protected by the Bald and Golden Eagle Protection Act, as well asas continued continued adherenceadherence to Virginia's bald eagle managementmanagement guidelines. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Julia Wellman February 24.24, 2017 Page 9

Listed and other snakes: Timber rattlesnakes, state Endangered canebrake rattlesnakes, and scarlet lcingsnakes kingsnakes have been documented from the project area. We continue continue to to recommend recommend that that the pipeline be routed to avoid impacts upon suitable habitats for these species, particularly particularly canebrake rattlesnake habitats inin southeasternsoutheasternVirginia. Virginia. We also recommend recommend that long-term vegetation management along the the corridor in areas known to to support support canebrake ratdesnakes rattlesnakes be be consistent with conservation measures for for thethe speciesspecies (previously provided).

We are are glad to see that the DEIS includes a a commitment from Atlantic to educate construction workers engaging in pipeline construction, construction, operation, operation, or or maintenance about snakes, including being being trained trained in thethe identification, basicbasic natural natural history, and legal status of ofcanebrake canebrake rattlesnakes. We support this training and adherence to the Snake Conservation Plan during construction, operation and maintenancemaintenance ofof the ACP.

Trout Streams: In the DEIS, trout streams in Virginia are either identified as "wild"wild brook"brook" streams or "stockable" streams. WeWe define define wild wild trout trout streams streams (Class (Class I I— - IV) as those which naturally naturally support trout; whetherwhether brook, brook, brown,brown, or rainbow trout. StockableStockable trout trout streams streams (Class (Class V V — VIII) are those streams includedincluded inin ourour stockingstocking program.program. Stocking of brook, brown, or rainbow trout may occur in these streams, streams. Trout Trout and and the the streams streams that that support support them are ecologically and and economically economically significant significant resourcesresources in in Virginia. Virginia.

To bestbest protectprotect valuable wild trouttrout resources, wewe recommend recommend thatthat all instreaminstream work occurring in the waters listed in our February 7,7, 2017 letterletter to Dominion and/orand/or their tributaries (within(within I mile upstream)upstream) adhereadhere to a timetime ofof year year restriction restriction from October 11 through March 31 of any any year year in in waters waters known known to to support support brook brook trout trout and/or and/or brown brown trout, trout, and from March 15 through MayMay 15 of any year in waters known to support rainbowrainbow trout.trout. We recommend confirmation ofAdantic'sof Atlantic's commitmentcommitment toto adhereadhere to the above recommended TOYR and and an updated AppendixAppendix KlK1 toto reflect this commitment.commitment. WeWe note note that that water crossings being being accomplished accomplished viavia Horizontal Horizontal Directional Directional Drilling Drilling (HDD) (HDD) that that do notnot include instream work may not need to adhere to the TOYR.

To ensure avoidance or minimization of conflicts withwith stocking andand angling activities in the stocked streams listed inin ourour February 7, 2017 letter, letter, wewe understand understand that Atlantic is coordinating with Paul Bugas,Bugas, VDGIF Region IV Aquatic Resources Manager. WeWe support support coordination withwith him andand adherence to his recommendationsrecommendations regarding these resources.

Anadromous Fish Use Areas:Areas: As stated stated in the DEIS, wewe recommend reconunend thatthat instream instream work work in designated ConfirmedConfirmed and Potential Anadromous Fish Use Areas Areas or or instream instream work within 11 mile upstream upstream of Confirmed Anadromous Fish Use Areas adhere to TOYR protective of fish migration and spawning.spawning. InIn the DEIS, itit isis stated stated thatthat Atlantic hashas committedcommitted toto adhere adhere to to the the TOYR TOYR from from FebruaryFebruary 1515 through through June 30 ofof any any year year for for all all instreaminstream workwork inin Anadromous Anadromous FishFish Use Use Areas Areas and and their their tributaries tributaries except forfor the James River. However,However, AppendixAppendix K1Kl ofof the the DEIS DEIS (ACP (ACP waterbodywaterbody crossings), depicts adherence adherence to a TOYR protective of Anadromous Fish Use Areas, shifted slightly based 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Julia Wellman February 24, 2017 Page 10 10

on the location of the impacts withinwithin thethe watershed.watershed. We request clarification about Atlantic'sAtlantic's commitment to adhere to TOYR protective of the above resources.

We reiterate that to best protect the important fisheries, all instream work in Confirmed Anadromous Fish Use Areas and their tributaries and/orand/or within Potential Anadromous Fish Use Areas (all listed in the July 7, 2017 letter) should adhere to a time of year restriction (TOYR)CTOYR) from February 15 through JuneJune 3030 ofof anyany year.year. CrossingsCrossings being performed via Horizontal DirectionalDirectional Drill (HDD) that do notnot includeinclude any instream work in these waters may not need to adhere to the TOYR.

Crossing of James River Wildlife Management Area: The ACP is proposed to cross the Department's James River River Wildlife Management Area, a public resource that was purchased with federal grant funds from the U.S.U. S. Fish and Wildlife Service, located in Nelson County. IfIf the the projectproject interferesinterferes even temporarily (e.g.,(e. g., during construction) with uses of the land which were established as purposes of those grants, pipeline construction will jeopardizejeopardize the the Department'sDepartment's future access toto thesethese grants.grants. While we are working closely with Atlantic to resolve this issue to our mutual satisfaction, please be aware that this issue remains unresolved at this time, and we cannot support the project crossing of our Wildlife Management AreaArea untiluntil thisthis issueissue isis resolved.resolved. We support FERC'sFERC's recommendation to continue coordination with us regarding this issue.

Migratory Bird Plan: We have reviewed the Migratory Bird Plan, developed to satisfy requirements under the Migratory Bird Treaty Act and as requestedrequested byby thethe USFWS. WeWe appreciate appreciate efforts to schedule tree removal and ground ground clearing to avoid impacts upon nesting migratory birds. We continue to recommend adherence to a TOYR for these activities from March 15 15 through August 31 of any year. InIn addition, addition, we we recommend recommend minimization minimization of of forest forest fragmentation fragmentation across the Commonwealth. SpecificSpecific recommendations recommendations regardingregarding ourour review review ofof the Migratory Bird Plan are included in our February 7, 2017 letterletter toto Dominion.Dominion. BasedBased on reviewreview of the DEIS and recent conversations with Atlantic's environmental consultants, we offer the following updates to relevant sections of our comments on the Migratory Bird Plan.

•. Colonial Waterbird Colonies:Colonies: We document colonial waterbird colonies containing great blue herons and great egrets from the project area;area; some confirmed and new ones observed during aerialaerial surveyssurveys performed performed along along the the project project route. route. We recommend that the applicant provide to us for reviewreview a mapmap of the the greatgreat blue heronheron colony documented from Suffolk (ROOK-ACT-02), and any other colonies located within 0.0.2525 mile of the project areas. UponUpon review review of of this this information, information, we will provide guidance regarding protection of any active waterbird colonies that may be impacted by construction, operation, or maintenance of the ACP.

Proposed Water Withdrawals: Water withdrawals from Virginia's waterswaters are proposed for use during pipeline construction forfor a number of purposes included hydrostatic testing, dust suppression, and HDD activities. WeWe have have not not had had an an opportunity opportunity to to review review all all of of the the specific specific water water withdrawalswithdrawals and 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Julia Wellman February 24, 2017 Page 11

associated instream flow data, but offer the the following general comments regarding water withdrawal and use associated with development of the ACP.

We support the USFWS recommendation that withdrawals not be made from waters known to support sensitive aquatic species. ToTo best best protect protect resident resident aquatic aquatic species from from impingement and entrainment associated with water withdrawals, we typicallytypically recommend that all intakes be fitted with a 1mm1mm mesh screen and that intake velocitiesvelocities notnot exceedexceed 0.0.2525 fps.fps. In addition, we recommend that no more than 10% instantaneousinstantaneous flowflow bebe withdrawn.withdrawn. We see reference to a restriction on withdrawals to to no more thanthan 25%25% ofof streamstream inputs.inputs. Based on the information included in in thethe DEIS, itit isis difficult for for us to determine what, if any, impacts upon aquatic species the proposed withdrawals may have.have. WeWe recommend recommend continued coordination with us and the USFWS regarding proposed water use during pipeline construction to ensure avoidance or minimization of impacts upon the native systems.

The DEIS makes note of the need to avoid introduction of non-native aquatic invasive species during water withdrawal and use. WeWe support support efforts efforts to to avoid avoid introductions introductions and recommend, as indicated in our February 7, 2017 letter to Dominion (and(and below), thatthat an Aquatic Invasive Species Management Plan be developed for the project.

Forest Fragmentation: As depicted inin thethe DEIS,DEIS,significant significant linearlinear footagefootage ofof forestedforested habitathabitat will be lost to early successional habitat. AlthoughAlthough conversion conversion from from forested forested habitat habitat toto earlyearly successional successional habitat is not inherently harmful to wildlife, it does require perpetual maintenance and is likely to result in significant forest fragmentation acrossacross thethe Commonwealth.Commonwealth. It isis clearly understood that forest fragmentation results in loss of interior forested habitat, allows invasive species to colonize, and introduces new predator/prey relationships along the corridor and within adjacent habitats. AsAs such, such, forest forest fragmentation fragmentation and and habitat habitat conversionconversion may well represent the largest impacts of this project upon wildlife resources across Virginia. We urge FERC to consider these long-term impacts, and urge the applicant minimize them to the greatest extent possible by collocating thethe pipeline within already-disturbed utility corridors and early successional habitats. VDGIFVDGIF is is represented represented onon the the inter-organizationalinter-organizational Virginia Forest Conservation Partnership (VFCP), a group of topic experts who collaborate on large utility projects to ensure consideration of significant forest loss loss across the landscape. The VFCP developed a novelnovel approachapproach to quantifying fragmentation impacts upon core forests in the Commonwealth. WeWe support support the the results results of of this this analysis analysis and and recommendations recommendations made by the VFCP regarding ways to avoid, minimize, and mitigate for forestforest loss across the Commonwealth.

Karst Plan:Plan; We reviewed the plan and do not have any significantsignificant concerns. concerns. It describes the methodology proposed for identifying the location of and describing the type of karst resources located along thethe pipelinepipeline corridor.corridor. Karst habitat is unique and oftenoften fragile.fragile. We recommend protection of karst structures, the wildlife species they support, and the waters 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Julia Wellman February 24, 2017 Page 1212

they contain. WeWe recommend recommend continuedcontinued coordinationcoordination withwith VDCR-DNHVDCR-DNH andand other karst experts, as needed, to ensure identification and protection of these resources.

Invasive Plant Species Management Management Plan: Plan: We reiterate the comments we provided in our February 7, 2017 letter to Dominion regarding our review of the subject plan.

Soil and Slope Stabilization: We reiterate the comments we provided in our February 7, 2017 letter to Dominion regarding our review of the subject plan.

General Information: We recommend coordination with VDCR-DNH regarding protection of resources that they track and for which they they recommend protection.protection. WeWe also also recommend recommend continued coordination with the U.U.S.S. Fish and Wildlife Service and with NOAA Fisheries Service to ensure protection of federally-listed species known from the project area.

We reiterate the comments we made made in in our February 7, 2017 letter regarding instream instream work BMPs and ways to minimize the impactsimpacts of linear utility development on wildlife and their habitats.

Thank you for the opportunity to provide input on the Draft Environmental Impact Statement for the proposed AtlanticAtlantic CoastCoast Pipeline.Pipeline. PleasePlease contactcontact me me or or Amy Amy Ewing Ewing at at 804- 367-0509 if you have any questions or need additional information.

Sincerely,

Raymond T. Femald,Fernald, Manager Environmental Programs

RTF/AME CC: Angela Navarro, Deputy Secretary of Natural Resources Kevin Bowman, FERC David Whitehurst, VDGIF Greg Evans,Evans. VDOF S. Rene Hypes, VDCR-DNH Nikki Rovner, The Nature Conservancy Sara Throndson, Natural Resources Group Kristen Lentz, Merjent 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Molly J. Ward COMMONWEALTH of VIRGINIA Robert W. Duncan SecretorySecreian- of Natural ResourcesRewurce^ Department of Game and Inland Fisheries Executive DireclurDirector

FebruaryFebmary7, 7, 20172017

Richard B. Gangle Dominion Resources Services, Inc. 5000 Dominion Dominion Boulevard Boulevard Glen Alien,Allen, VAVA 23060

RE: AtlanticAdantic Coast Pipeline Rev 11 la Corridor Review ESSLog# 34825

Dear Mr. Gangle,

We havehave reviewedreviewed the most recentlyrecently proposed Atlantic Coast Pipeline project project corridorcorridor (Revlla;(Rev1 la; received received JulyJuly 19, 19, 2016) 2016) and and offer offer the the following following updatesupdates toto earlier earlier commentscomments and and recommendations, as well as additional information regardingregarding this this project. project. AtlanticAtlantic Coast Pipeline, LLCLLC (Atlantic) (Atlantic) proposesproposes to to construct construct and and operate operate aa naturalnatural gas transmission pipeline, andand associated lateral pipelines,pipelines, in Virginia. AsAs proposed, proposed, thethe project project crossescrosses threethree of VDGIF's VDGIF's fourfour administrative administrative regions, crosses one one of of our our Wildlife Wildlife ManagementManagement AreasAreas (James River WMA), andand borders borders another WMAWMA (Horsepen).

The Virginia Department of Game and Inland Fisheries (VDGIF), as the Commonwealth's wildlife and and freshwater freshwater fish management agency, exercises enforcement enforcement and and regulatory jurisdictionjurisdiction overover those resources, inclusive ofof state state or or federally federally endangeredendangered or threatened species,species, butbut excludingexcluding listedlisted insects.insects. WeWe are are aa consultingconsulting agency agency under under the the Fish Fish and Wildlife Coordination ActAct (48(48 Stat.Stat. 401,401, as amended; 16 U.U.S.C.S.C. 661 et seq.),seq. ), andand we provide environmental analysis of of projects projects or or permit permit applications applications coordinated coordinated through through thethe Virginia Department Department of Environmental Environmental Quality (DEQ), thethe Virginia Virginia Marine Marine Resources Commission (MRC),(MRC), thethe Virginia Virginia Department Department of Transportation Transportation (DOT),(DOT), thethe ArmyArmy CorpsCorps of Engineers (ACOE), (ACOE), the the Federal Federal Energy Energy Regulatory Regulatory Commission Commission (FERC), (FERC), and and other other state state or or federal agencies. OurOur role role inin these these procedures procedures isis toto determine determine likelylikely impactsimpacts uponupon fishfish andand wildlife resources resources and and habitat,habitat, and to recommendrecommend appropriateappropriate measures to avoid, reducereduce or compensate for those impacts.

Rev 11llaa Review:Review: We received received a a shapefileshapefile depicting depicting Rev Rev 11a, I la, the the most most recently recently proposed proposed ACP ACP corridor,corridor, in July 2016. Review Review of of the the shapefile shapefiie confirmedconfirmed that that there there are are few significant significant deviations from the corridor alignmentalignment thatthat was was proposedproposed inin RevRev lOa,10a, about whichwhich we provided

7870 VILLA PARK DRIVE, P.O.P. O. BOX BOX 90778, HENRICO, VA 23228-0778 23228.0778 (804) 367-1000 367-10UO (VFTDD) (V/TDD) £^,Equal0, OpportunityOppnrtunity Employment, ProgramsPrHgranis and Facilities Facililies FAX (804) 367-9147367.9147 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Richard Gangle February 7, 2017 Page 2

comments dated June 1,1, 2016. BasedBased on on the the few few changes changes offeredoffered in in this this route route revision, no additional listed species and only a few additional designated resources (see Trout Streams) under our jurisdictionjurisdiction were identified as in need ofof additionaladditional consideration.consideration. However,However, the new alignment does result in impacts upon natural or semi-natural areas which have not yet been assessed for suitability to support the listed species for which we have previously recommended consideration. ToTo ensure ensure protection protection ofof listed listed speciesspecies andand designated resources under our jurisdiction, jurisdiction, we recommend that all newly proposed areas of disturbance be assessed for their suitability to support any of the listed species known from the area, per our previous comments. OnceOnce such such habitat habitat andand suitability suitability assessments assessments have have been been performed and we have had the opportunity to review those assessments, we will make additional comments regarding the need for further assessments, surveys, or protective measures to ensure protection of wildlife resources under our jurisdiction. jurisdiction.

Habitat Assessments and Species Surveys: Over the past few months, we have received survey reports, habitat assessments and other information regarding biological data collection that has occurred along thethe proposed pipeline corridor, much of it based on our recommendations andand following ourour guidelines.guidelines. We have reviewed that information and offer the following comments:

Listed salamanders: During review of earlier iterations of the ACP, we made recommendations regarding protection of state Endangered eastern tiger salamanders and state ThreatenedThreatened Mabee'sMabee's salamanders, both documented from the project area. ToTo ensure ensure protection protection ofof these these species and the habitats upon which they depend, we recommended thatthat wetlands proposed to be impacted by pipeline construction,constmction, operation, or maintenance and within the documented range of these species be evaluated for habitat suitability for these species.species. WetlandsWetlands deemeddeemed suitable suitable should be surveyed for the species, and occupied wetlands/ponds and an upland buffer of 300 meters around the wetland/pond should be protected from project impacts. TheThe listed listed salamander salamander report that we were provided for review details habitat assessment and salamander survey activities that occurred during the 2016 season.

Habitat assessments and surveys for eastern tiger salamanders were performed, per our recommendations, at wetlands along the pipelinepipeline corridor corridor inin AugustaAugusta and and Nelson Nelson counties.counties. Only one of the four wetlands identified as suitable eastern tiger salamander habitat, and accessible for surveys, was found to be occupied by eastern tiger salamanders (waua050f). BecauseBecause easterneastern tiger salamanders must have access to suitable wetlands/ponds to to breed, and to to thethe associated uplands in which they live the rest of the year, we recommended that that waua050f waua050fand and an at-least 300 meter upland buffer bebe avoided. InIn response response to our recommendation and the applicant's concerns, Atlantic and their environmental consultants met with J.D.J. D. Kleopfer, Kieopfer, DGIF Herpetologist, on site at wetland feature waua050f to determine how best to align the project corridor to protect this pondpond andand thethe residentresident easterneastern tiger tiger salamanders. salamanders. AsAs reflectedreflected in in Rev Rev 1Ila, la, the project corridor was shifted to the west of pond waua050f and outside of its its drainage area. We are confident that, by protecting the water source for waua050f from impacts and by moving the corridor farther fromfrom thethe ponded area, as shown inin RevRev 11 la, significant adverseadverse impacts upon waua050fwaua050fand and eastern tiger salamanders inhabiting this area have been avoided. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Richard Gangle February 7, 7, 20172017 PagePage3 3

We note that the survey protocols we provided provided toto Atlantic Atlantic andand their their environmental consultants stipulate that twotwo yearsyears ofof surveys surveys are necessarynecessary toto confirm lack ofofambystomid ambystomid salamander presencepresence inin anyany givengiven wetland/pond. Accordingly,Accordingly, wewe recommendrecommend recommend that thatthat the the wetlands wetlands surveyed in 2016 butbut not foundfound occupied occupied byby ambystomidambystomid ambystomid salamanderssalamanders (wauc103f,(wauclO3f, (waucl03f, waub1031,waub103f, waubl03f. andand wnep0010,wnep001f),wnepOOlf), bebe resurveyed resurveyed in 2017. InInIn addition, addition, we we recommendrecommend recommend thatthatthat any any wetlands wetlands inin AugustaAugusta or Nelson countiescounties that that areare newlynewly proposedproposedproposed for forfor impactsimpactsimpacts (based (based(based on on the the RevRev Rev 11a 1lla la alignment) alignment) ororor that that were not accessible during during 2016 2016 be be assessed assessed for for suitable suitable eastern eastern tiger tiger salamander salamander habitat, habitat, andand that anyany suitablesuitable wetlandswetlands bebe surveyedsurveyed followingfollowing thethe previously-providedpreviously-provided protocols.protocols. Upon review of those those surveyssurveys andand assessments, assessments, wewe will will update update our our recommendations recommendations regardingregarding protection of eastern tiger salamanders associatedassociated with development and operation of the ACP.

Habitat assessments and surveys for Mabee'sMabee's salamanders salamanders werewere performed, performed, perper our recommendations, in wetlands along the pipeline corridor inin thethe CityCity ofof SuffolkSuffolk during the 20162016 survey season. NoNoNo Mabee'sMabee's Mabee's salamanderssalamanders salamanders were were documenteddocumented documented atatat the the 2 2 wetland wetlandwetland features featuresfeatures (ponds)(ponds) thatthat were determined suitable habitat andand thatthat were were accessible accessible forfor surveyssurveys during 2016.2016.

As notednoted above, 22 yearsyears of of surveysurvey activity activity are are necessary toto confirm lack of ambystomid ambystomid salamander presencepresence inin anyany givengiven wetland/pond. WeWe recommend recommend thatthat the the wetlands wetlands surveyedsurveyed inin 2016 but but not found toto bebe occupied by Mabee's salamanderssalamanders (wsuc101e(wsuclOle (wsuc101e and and wsuc007e)wsuc007e) be resurveyed in 2017. InInIn addition,addition, addition, we we recommendrecommend recommend thatthatthat any any wetlands wetlands inin the the CityCity ofof Suffolk Suffolk that thatthat areare newly proposedproposed forfor impactsimpacts (based(based on on the the Rev Rev 111 1 1 la a a alignment)alignment) oror thatthat werewere not accessible duringduring 2016 be be assessed assessed for for suitable suitable Mabee's Mabee's salamander salamander salamander habitat, habitat,habitat, and and that any suitable wetlands be surveyed following the previously-provided protocols.protocols. UponUpon reviewreview ofof those those surveys surveys andand assessments, wewe will will update update our our recommendations recommendations regardingregarding protectionprotection ofMabee'sof Mabee'sMabee's salamanderssalamanders associated with development andand operation of the ACP.

Fish and Mussels,Mussels. GeorgeGeoree Washington Washinston National Forest (GWNF):fGWNF): In response to a requestrequest by by thethe U.S.U.U.S.S. Forest ServiceService (USFS), habitat habitat assessments for roughhead shiners,shiners, orangefinorangefin madtoms,madtoms, PotomacPotomac sculpins, sculpins, andand yellowyellow lancelance musselsmussels were performed in streamsstreams withinwithin thethe GWNFGWNF that werewere proposedproposed for forfor crossing crossingcrossing byby thethe ACP.ACP. The July 2016 habitat habitat assessments indicatedindicated that that none of the the tenten perennialperennial streams toto be crossed by the ACP within GWNF provide suitable habitat forfor these thesethese species. species.species. WeWe will will update update thesethese comments as necessary regarding any reported occurrencesoccurrences ofof listedlisted speciesspecies within thethe GWNF GWNF that that may be affected by construction, operation, or maintenance of the ACP.

We note note thatthat Stream #9 isis described described asas both both a a "perennial"perennial UNT ofofofJennings JenningsJennings Branch"Branch" andand as an "UNT ofofCowpasture Cowpasture River.River."River?'" WeWe recommend recommend clarifyingclarifying whichwhich of of these designations accurately represents this stream.

Listed Freshwater Mussels: We received received aa reportreport inin latelate SeptemberSeptember 2016 that that details the habitat assessmentsassessments andand surveys performed, performed, per our our recommendations recommendations andand following followingfollowing our guidance, to to address address concerns related to protection ofof listedlisted freshwater musselsmussels andand theirtheir habitats. habitats.habitats. Specifically, Specifically, we recommended consideration of federally federally Endangered JamesJames spinymussels,spinymussels, federal speciesspecies of 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Richard Gangle February 7,7, 20172017 Page 4

concern yellow lancelance mussels, mussels, state state Threatened Threatened AtlanticAtlantic pigtoepigtoe mussels,mussels, and and state state Threatened Threatened green floater mussels; allall whichwhich have have been been documented documented fromfromfrom the thethe project project area.area.

Based on recommendations from VDGIF and thethe USUS RshFish and WildlifeWildlife Service (USFWS), Atlantic's Atlantic's environmental environmental consultantsconsultants evaluated evaluated allall streamsstreams proposed to be crossed by the ACP for for freshwater musselmussel habitat suitability.suitability. WhereWhere suitable habitat waswas identified, site assessments andand then abbreviated oror fullfull surveyssurveys werewere performed,performed, per per our our guidelines. guidelines. USFWS and VDGJFVDGIFVDGD7 agreed agreed that sitessites proposedproposed forfor crossingcrossing via horizontal direction drill (HDD) did not need further further evaluation, as instream impacts would not be incurred at thosethose sites.

There are forty-fiveforty-five proposed crossings of of streams streams with with a a greatergreater than five mile mile upstream upstream drainage, including any resulting fromfrom thethe realignmentrealignment depicted depicted in in Rev Rev 1I la. la. OfOf these these streams,streams, six are are proposed as HDD crossings (James(James River,River, Nottoway RiverRiver 2, BlackwaterBlackwater River, West Branch Nansemond River, Nansemond River,River, andand South South Branch Elizabeth River) and were, therefore, not further considered.considered. OfOf the the remaining remaining thirty-ninethirty-nine streams, nineteen were not accessible duringduring 2016; sitesite assessments assessments werewere performed performed atat six sites; sites; abbreviated abbreviated surveys were performed at tenten sites;sites; threethree streamsstreams only only becamebecame accessibleaccessible late in 2016 (survey(survey resultsresults notnot in yet); and one stream has undergone an incompleteincomplete assessment.

The abbreviated surveyssurveys performed inin 20162016 documented presence of live triangletriangle floaters, eastern elliptios, and/or creepers atat thethe followingfollowing four crossingcrossing sites,sites, all of which will undergoundergo mussel relocation efforts in 2017: South South RiverRiver 1, 1, North North River, River, North North River Access Road,Road, and and Willis River.River. WeWe support support the the proposed proposed musselmussel relocationrelocation effortsefforts proposedproposed in these waterswaters in 2017, assuming assuming they they are are performed performed by permitted biologistsbiologists and follow thethe previously-provided mussel survey survey and and relocation guidance. Dead Dead shellshell material material was was documenteddocumented atat the the Christians Christians Creek crossing. No No relocation relocation efforts efforts are are currently currently proposed proposed within within Christians Christians Creek for 2017. No listed listed musselsmussels werewere documented documented atat anyany ofof the the tenten sites thatthat were surveyed in 2016 forfor which we have survey results.

We agree that sites determined to not provide suitable habitat, and sitessites where surveys were performed but no mussels were were found, found, require require no no further further assessment or surveys to to protect protect listed musselsmussels from from impacts impacts associated with with instream instream work. WeWe continuecontinue to to recommend recommend that that any instream work inin designated Threatened and EndangeredEndangered SpeciesSpecies Waters (waters(waters known to support listed aquatic species) andand instream work at sites within 11 mile upstream upstream of such such waters waters

,(tributaries).(tributaries).(tributaries) adhereadhere toto thethe previously-recommendedpreviously-recommended timetime of year restrictions (TOYR) protective of mussels mussels known known from from that that water. PerPer ourour June June 1, 1, 20162016 letter, letter, thethe following following streams streams and and rivers rivers are located in the project area and havehave been designated as Threatened and Endangered SpeciesSpecies Waters duedue toto thethe presencepresence ofof one or more listed species, asas noted noted inin parentheses:parentheses:

•. Nottoway River (Atlantic pigtoe mussels, FESE dwarf wedgemussels)wedgemussels) •. Sturgeon Creek (Adantic(Atlantic pigtoepigtoe mussels) •. Three Creek (Atfantic(Atlantic pigtoepigtoe mussels) •. Meherrin RiverRiver (ST(ST greengreen floaterfloater mussels,mussels, AtlanticAtlantic pigtoepigtoe mussels)mussels) •. Appomattox River (Atlantic pigtoepigtoe mussels) •. James River (green floater mussels) 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Richard Gangle February 7,7, 20172017 Page 5

» Cowpasture River (James spinymussels) spinymussels)

We support efforts proposed for 2017 toto performperform assessments and/orand/or surveys atat the nineteen stream crossing sites that were not accessible duringduring the 2016 survey survey season oror that that need to be considered basedbased onon thethe newly-proposednewly-proposed project project alignment alignment depicted depicted in in Rev Rev I Ila.la. We recommend that the results of these surveys and assessments bebe provided provided toto us us for for further further review, alongalong with with the the remaining remaining 2016 reports reports from surveyssurveys performedperformed late in the season at Winningham Creek, NottowayNottoway River 1, and Cohoon Creek..Creek.. WeWe note note that that negative negative surveyssurveys areare only valid for two years. IfIf the the crossing crossing sites sites surveyed surveyed inin 2016 2016 do do notnot not commence commence constructionconstruction before 2018 (two (two years years post-survey), post-survey), wewe may may recommend recommend additionaladditional surveys at those sites to ensure colonization of ofmussels musselsmussels has has not not occurredoccurred inin thethe interim.interim. WeWe recommend recommend coordinationcoordination with the USFWS regarding regarding potential impacts uponupon federally-listedfederally-listed speciesspecies associated with the development andand operation of the ACP.

Roanoke Logperch:Loeoerch: Based on presence presence ofof federally federally Endangered Endangered Roanoke logperchlogperch inin waters proposed to be crossed by thethe ACP, VDGIFVDGIF andand the USFWSUSFWS recommendedrecommended protectionprotection of this species andand the resources that support itit withinwithin thethe NottowayNottoway drainage.drainage. InIn response, response, AtlanticAtlantic andand its environmental consultants performed desktopdesktop habitathabitat assessmentsassessments ofof proposed crossingscrossings in the Nottoway drainage,drainage, revealing eleveneleven streams streams thatthat warrantedwarranted furtherfurther investigation. investigation.investigation. OfOf these eleven streams, logperch presencepresence isis assumedassumed atat threethree sites: sites: NottowayNottoway River River 1, 1, NottowayNottoway River 2, and Waqua Creek. OfOfOf the the eight eight other other crossing crossing sitessites determined determined suitablesuitable forfor Roanoke logperch, three streamsstreams werewere accessibleaccessible during 20162016 for on-site assessment.

According to the report, ofof the three accessibleaccessible sites, only oneone was was determined determined to provide suitable Roanoke logperch habitat. WeWe believe believe thisthis sitesite to to be be the the crossing crossing ofofof Sturgeon Sturgeon Creek;Creek; however, thethe report isis difficult to understand. TableTable 2,2, for for example, example, listslists NottowayNottoway River 11 andand Waqua Creek as "suitable""suitable" perper thethe in-situ habitathabitat assessment,assessment, butbut at other places inin thethe report report these same crossings were depicted as not assessed on-site because because presence would be assumed assumed at these sites. AlsoAlso basedbased based onon on TableTable Table 2, 2,2, itit it appearsappears appears that thatthat in-situ in-situ sitesite assessments assessments werewerewere performed performed at four sites (Nottoway(Nottoway River River 1, 1,1, Waqua Waqua Creek, Creek, BigBig Branch, Branch, and andand Sturgeon Sturgeon Creek)Creek) even thoughthough thethe narrative describes describes onlyonly havinghaving accessaccess to three sites.sites. AtlanticAtlantic shouldshould clarify clarify which streams streams were assessed, the the outcome outcome ofofofeacj eacjeacj assessment, assessment, and and which which streams streams are are assumed assumed to to support support Roanoke logperch. AtlanticAtlantic alsoalso needsneeds needs toto to clearlyclearly clearly describe describedescribe the thethe streamstream stream crossingcrossing methodmethodmethod proposedproposed forfor each site. For For example,example, otherother other projectproject documents documents including including the the freshwater freshwater musselmussel habitat habitat assessment assessment and survey report depictdepict thethe NottowayNottoway River 22 crossingcrossing asas anan HDD.HDD. IfIfIf true,true, tme, then thenthen further further site assessment andand adherence adherence toto certain protective measures may not not be necessary necessary atat that that site.

Based on documentationsdocumentations ofof Roanoke Roanoke logperch logperch and and designation designation as as Threatened Threatened andand Endangered SpeciesSpecies Waters, we support assumption ofof presence in the Nottoway River, WaquaWaqua Creek, Butterwood Creek, and White Oak Creek. WeWe recommend recommend adherenceadherence toto anan instreaminstream work TOYR from March 15 15 through through June June 30 30 of of any year in in thesethese waters and at the site site of any instream work within 11 mile upstreamupstream of thesethese waterswaters (tributaries).(tributaries). WeWe recommend recommend adherenceadherence to the Fish Relocation Plan. WeWe recommendrecommend recommend that that the the results resultsresults of of the the on-site on-site assessments assessments performed performedperformed in 2016 atat UNT Nottoway River 11 Access RoadRoad (AR), UNTUNT Nottoway Nottoway 2,2, and and UNT Nottoway 22 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Richard Gangle February 7, 7, 20172017 Page 6

(AR) bebe provided to us for review. WeWe recommend recommend that that all all sites sites determined determined to to provide provide suitable habitat butbut whichwhich werewere notnot accessibleaccessible during 20162016 be assessed forfor suitability as soon as they become accessibleaccessible and and that that thethe results of that that suitability analysis also be provided to us for review. UponUpon review review of of those those reports reports and and information, information, wewe will will update update our our recommendations recommendations regarding protectionprotection ofof Roanoke logperch and the resources that supportsupport them.them. We recommend coordination with the USFWS regarding potential impactsimpacts uponupon thisthis speciesspecies associated with development and operation of the ACP.

Listed Bats: Based on guidanceguidance fromfrom VDGIFVDGIF and and the USFWS, Atlantic Atlantic and and their their consultants performed acoustic and mist-net surveys during 20152015 and 2016 to to inform inform ourour concerns forfor the protection of federally federally EndangeredEndangered IndianaIndiana bats, federally Endangered Virginia big-eared bats, federally Threatened northern long-earedlong-eared bats,bats, and statestate EndangeredEndangered Rafinesque'sRafinesque's eastern big- eared bats,bats, allall of which are documenteddocumented from thethe projectproject area. area. All surveys followed federal federal protocols and were approvedapproved and permitted, asas necessary.

These surveys surveys documented documented presence presence of of Rafinesque's Rafinesque's eastern eastern big-eared big-eared bats, bats, northern northern long-eared bats, IndianaIndiana bats, federallyfederally Endangered gray bats,bats, easterneastern small-footedsmall-footed myotis, tri-tri- colored bats, and little brown batsbats withinwithin thethe projectproject study study area. area. However,However, only Rafinesque's eastern big-eared bats werewere taggedtagged and followed,followed, allowing for for documentation of a roost site on a bridge over the Meherrin River,River, andand sixsix associated roost trees located inin Southampton Southampton and GreenvilleGreensville counties. counties. J.D. J.D.J.D, Kleopfer, Kleopfer, Kleopfer, VDGIF VDGIFVDGIF HerpetologistHerpetologist Herpetologist andandand RegionRegion Region 1 1 nongamenongame biologist,biologist, andand Susan Watson, VDGIF Terrestrial Biologist,Biologist, visited thethe bridge bridge during Summer 2016 to verify the species asas state state EndangeredEndangered Rafinesque's eastern-big-earedeastem-big-eared bats.bats. InIn addition, twenty-one potential hibernaculahibemacula werewere idendfiedidentified along the pipeline corridor; however, only threethree of these karst featuresfeatures werewere identifiedidentified asas "suitable""suitable" to to support support bats. bats. TheseThese sitessites were acoustically surveyed and no bats were documented.

We recommend avoidance of impacts impacts upon all previously-known andand newly documented documented hibernaculahibemacula forfor listedlisted bats.bats. WeWe recommend recommend avoidanceavoidance ofof impacts impacts uponupon all all known known listedlisted bat bat roost sites andand roost trees, and adherence toto federalfederal guidelinesguidelines for their protection.protection. We recommend recommend that any new lands andand habitatshabitats nownow withinwithin projectproject scope,scope, based based on on the thethe RevRev 1111a 1 laa corridor, corridor, be assessed followingfollowing the the protocols protocols previouslypreviously used.used. We We recommend recommend that that Atlantic Atlantic and and their their environmental consultants consider impacts upon bats recentlyrecently included as Virginia Wildlife Action Plan (WAP) Species of of Greatest Greatest Conservation Need (SGCN) in in addition addition to listed species. This includes includes eastern eastern red bats, hoary bats, and silver-hairedsilver-haired bats.bats. WeWe recommend recommend adherenceadherence to VDGIF's "Best"Best ManagementManaeement Practices Practices for for Conservation Conservation of of Little Little Brown Brown Bats Bats and and Tri-colored Tri-colored Bats" andand continuedcontinued coordinationcoordination with us andand the USFWS regarding regarding potentialpotential impactsimpacts upon Virginia's bats as surveys continue into 2017. AssumingAssuming adherence adherence toto these these recommendations recommendations and based on the project information wewe currently have,have, we have not identified anyany areas along the pipeline where we anticipate anticipate significant adverseadverse impactsimpacts uponupon batsbats toto occur.

Listed Small Mammals: During previous coordination with Atlantic and its environmental consultants, we recommended consideration of impacts impacts upon upon sate sate Endangered Endangered rock voles, state state Endangered Endangered 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Richard Gangle FebruaryFebmary7, 7, 20172017 PagePage? 7

American water shrews shrews andand WAPWAP Species of GreatestGreatest Conservation NeedNeed (SGCN) Tier Tier IVa FVa Allegheny woodrats.woodrats. Accordingly,Accordingly, Atlantic Atlantic and and its its environmental environmental consultantsconsultants performedperformed habitathabitat assessments andand small mammalmammal surveyssurveys along along the the currently currently proposedproposed pipeline corridor.corridor.

Habitat andand latrinelatrine sites sites forfor Allegheny Allegheny woodratswoodrats werewere found atat twotwo sites: OutcropOutcrop atat milepost (MP)(MP) 84.084.0 and and Rock Rock Feature Feature at MP 158.1.158. 1. In In addition, addition, four four unnamed unnamed tributariestributaries of Warwick Run in Highland County around MPMP 8585 were determineddetermined suitablesuitable forfor waterwater shrews.shrews. ItIt appears additionaladditional survey survey work work will will continuecontinue inin 2017. 2017. We recommend recommend avoidance of impacts impacts upon areas already identified as suitable listed small mammal mammal habitat habitat and at which there is evidence toto support support their presence.presence. WeWe recommend recommend continuedcontinued coordination with us as surveys and assessments continue into 2017 and and onto lands not accessible during 2016, or or whichwhich are are newly within within the the project project scope.

Listed Birds:Birds; Based onon theirtheir occurrence within the ACP project area, we recommended protection of state Threatened loggerhead shrikes and recommended adherence to a TOYR forfor ground clearing and tree removal from April 11 through July 31 of any any year year for for work performed in Highland County, Bath County, Augusta County,County, oror withinwithin thethe RockfishRockfish ValleyValley RegionRegion of Nelson County.County. In their responseresponse to our recommendations, AtlanticAtlantic andand theirtheir environmental consultants agreed to adhere to the TOYR in Bath, Highland, and Augusta counties except for for the the area area in Augusta from project mile point (MP) 114.8114. 8 —- 126.126. PerPer our recommendation, surveys for loggerhead shrikes were performed performed throughout this area during 2016.2016.

No shrikes shrikes were were documented documented from from the the area area in AugustaAugusta County County where the the applicant applicant cannot adhere toto thethe TOYRTOYR (MP(MP 114.8114. 8 —- 126). 126). A single loggerheadloggerhead shrike was documented by project land surveyors,surveyors, andand verified verified by by aa knowledgeableknowledgeable biologist,biologist, aroundaround MP MP 88. 88. This is within within the area where the applicant isis able to adhere toto thethe protectiveprotective TOYR,TOYR, resultingresulting inin avoidance of impacts upon loggerhead shrikes documented fromfrom thethe MPMP 8888 area.area. There is nono mention inin thethe report ofof surveys or adherence toto thethe timetime ofof year restrictionrestriction inin RockfishRockfish Valley,Valley, which we previously recommended. WeWe recommend recommend follow-upfollow-up withwith us us regarding regarding protectionprotection of loggerhead loggerhead shrikes in in thatthat region.

We are are agreeable to ground clearing andand tree removal occurring in Augusta County from MP 114.8114. 8 —- 126126 duringduring thethe timetime ofof yearyear restriction.restriction. We note that negative avian surveys are only valid for 2 years.years. IfIf ground ground clearing clearing and and tree tree removal removal inin this this area area does notnot commence priorprior to the breeding season 2018 (2 (2 years years post-survey), post-survey), wewe may may recommend recommend additionaladditional survey efforts for loggerhead shrikes in this area. WeWe recommend recommend adherence adherence to to the the time time of of year year restriction restriction fromfrom April 11 throughthrough July 31 of any any year year for for ground ground clearing and tree removal in Bath County, Highland County, AugustaAugusta CountyCounty (outside(outside ofof MPMP 11408-126), andand within the Rockfish Valley Region of Nelson County.County.

State Threatened peregrineperegrine falconsfalcons also have been documenteddocumented fromfrom thethe eastern eastern portionportion of the the project area, typicallytypically in association with falcons breedingbreeding in nest boxes onon bridgesbridges inin eastern Virginia. TheseThese nest nest boxes boxes were were erected erected as as part part of of a a recoveryrecovery effort effort for for peregrine peregrine falcons in Virginia and are monitoredmonitored byby staffstaff from from thethe CenterCenter forfor Conservation Conservation Biology Biology inin close 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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coordination with VDGIF. AlthoughAlthough we we do do not not document document natural natural peregrine falcon nests (eyries) or nesting habitat along the proposed pipeline corridor, we did ask Atlantic to assess habitat habitat along the pipelinepipeline routeroute forfor such such features features duringduring already-plannedalready-planncd aerial surveys.

No significant significant cliff cliff habitat habitat suitable suitable forfor nestingnesting peregrine falcons was documented fromfrom the pipeline corridor duringduring aerialaerial invesdgations. investigations. As such, such, we we do do not not anticipate anticipate thisthis project project to result in significant adverse adverse impacts impacts upon upon peregrine peregrine falcons falcons or or resources resources that that support them, assuming no significant significant deviationsdeviations from from the the Rev Rev 1 1 la la corridor. corridor. IfIf new new natural natural habitats habitats are proposed for impacts associated withwith pipeline constructionconstruction oror operation, we may may recommend recommend thatthat such areas be assessed forfor suitable peregrine falcon nesting habitat. IfIf significant significant bridgebridge oror near- near- bridge disturbance in eastern VirginiaVirginia becomes part of the project, we recommend additional coordination with us regardingregarding protection of nesting peregrine falcons on suchsuch structures.structures.

Based onon knownknown presencepresence ofof federally federally EndangeredEndangered red-cockaded woodpeckers in southeastern Virginia and North Carolina, habitat assessmentsassessments and subsequentsubsequent cavitycavity searches were performed along the proposed pipeline corridor corridor within areas of known habitat, per USFWS guidelines. OneOne suitable suitable cavity cavity was was detected detected in in North North Carolina, Carolina, but but it it waswas determined determined not to be active. NoNo red-cockaded red-cockaded woodpeckers woodpeckers or or suitable suitable cavities cavities were were documented documented fromfrom Virginia.Vu-ginia. Based onon thisthis information, information, we do do not not anticipate anticipate thethe construction and operation ofof the ACP to result in adverse impacts uponupon red-cockadedred-cockaded woodpeckers.woodpeckers. We recommend recommend continued coordination with the USFWS regardingregarding potential impacts upon this species.species.

Bald and Golden Eagles:Eaeles: Bald andand golden eagles are are known from Virginia. AtlanticAtlantic and and its its environmental environmental consultants performed, at thethe requestrequest ofof thethe USFWS,USFWS, aerial surveys for bald eagleseagles and golden eagles along along the the proposed pipeline corridor. Both species of of eagleeagle were were documented documented inin multiple multiple locations along thethe corridor. AtlanticAtlantic isis able able to to avoid avoid impacts impacts uponupon documented bald eagle nests in all locations except at at two two sites; sites; one one in in the the City City of of Chesapeake,Chesapeake, and one in in Nottoway County. County. It is our understanding thatthat AtlanticAtlantic will,will, if they have not already, apply for eagle taketake permitspermits with the USFWS and in compliancecompliance withwith Virginia'sVirginia's baldbald eagleeagle management auidelines.guidelines. We support continued coordination with the USFWS regardingregarding potential taketake ofof baldbald eagles.eagles.

We understand understand that AdanticAtlantic andand itsits environmentalenvironmental consultantsconsultants havehave beenbeen working with Dr. Katzner andand otherother golden golden eagleeagle expertsexperts inin thethe region.region. We recommend continued coordination with Dr. Katzner and withwith VDGIF'sVDG1F's eagle expert, expert, Jeff Jeff Cooper,Cooper, regarding regarding the best ways to avoid avoid and and minimizeminimize impacts impacts upon upon golden golden eagles, eagles, their their wintering wintering habitats, habitats, and and migratory migratory pathways fromfrom disturbancedisturbance during construction and operation ofof the ACP.

We note that,that, in multiple documents, bald eagles are described as being listed in Virginia or protected byby Virginia'sVirginia's Endangered SpeciesSpecies Act. Into truth, truth, bald eagleseagles were delisted in Virginia a number of years ago and only retain protection in Virginia underunder generalgeneral wildlifewildlife laws and regulations. However,However, wewe recommend recommend continuedcontinued coordinationcoordination withwith thethe USFWSUSFWS regarding regarding potential impacts upon bald and golden golden eagles, protected protected by the federal Bald and Golden Eagle Protection Act, as well asas continued continued adherence to Virginia's bald eagle management guidelines. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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Timber Rattlesnakes: Timber rattlesnakes have been documented from the project area. WeWe understand understand thatthat areas ofof suitable denning habitat alongalong the pipeline in GWNF inin Highland,Highland, Bath and Augusta counties werewere evaluated and that nono rattlesnakes,rattlesnakes, or or evidence evidence ofof them,them, werewere found.found. During earlier correspondence with Atlantic and its environmental consultants, we had recommended that: "construction"construction workersworkers be be educatededucated aboutabout thisthis snake,snake, howhow toto avoidavoid encounters with it and how toto address accidental encounters whenwhen theythey occur.occur. These snakessnakes should not purposefully be harmed harmed during anyany encounters.encounters. WeWe recommend recommend coordination coordination with John (JD) Kleopfer, VDGIF Herpetologist, at 804-829-6703 ororJohn. [email protected]@dgif. virginia. gov regarding such education.education."" WeWe continue continue to to support support contractor contractor education education and coordination with JD regarding protection of timber timber rattlesnakes.

Other Significant Species and Resources: Canebrake Rattlesnakes: State Endangered canebrake rattlesnakes rattlesnakes havehave beenbeen documenteddocumented fromfrom thethe citiescities of Suffolk, Chesapeake,Chesapeake, andand VirginiaVirginia Beach, inin additionaddition to areas north ofof thethe JamesJames River.River. To best protect this species, we we continue continue to to recommend recommend that that the pipeline be be routed routed to avoid impacts uponupon suitable canebrake rattlesnake habitatshabitats in in this this region. region. We also recommend recommend thatthat long-term vegetation managementmanagement alongalong the the corridor corridor in in areas areas known known to to support support canebrakecanebrake rattlesnakes be consistent with conservation measures for thethe species.species. Atlantic'sAtlantic's environmental environmental consultantsconsultants have been provided aa copycopy of of our our currently currently approvedapproved conservationconservation planplan for for canebrake canebrake rattlesnakesrattlesnakes along with the guidance DGIF's Environmental ServicesServices Section staff use when evaluating potential impacts upon thethe species.species. AlthoughAlthough thethe latter latter discussesdiscusses "mitigation","mitigation", we do not not mean to imply the need forfor such at this time.

In addition, we recommend thatthat construction workers engagingengaging in pipeline construction, operation, or maintenance be provided with education about thisthis species including being trained trained in the identification, basic naturalnatural history, and legallegal status ofcanebrakeof canebrake rattlesnakes.rattlesnakes. This could be accomplished via via an an appropriate appropriate informationinformation sheet distributed to those working on the the project project (enclosed). Information Information also also can can be be found found on on our our website at: at: http://www.dgihttp://www.dgif.virginia.gov/wildlife/species/display.asp?id=0300)3httD://www.deif. f.virginia.gov/wildlife/species/display.asp?id=03001vireinia.eov/wildlife/sDecies/disDlav.asD?id=Q300l3. 3.. If If a a canebrake canebrake rattlesnakerattlesnake is observedobserved atat any any time time duringduring development oror construction construction of this this project, project, thethe applicant should contact VDGIF Terrestrial Biologist/Herpetologist Biologist/Herpetologist JohnJohn (JD)(JD) KleopferKleopfer (804-829-6580)(804-829-6580) oror our Headquarters office office inin HearicoHenrico (804-367-8999)(804-367-8999) soso that that we we may may safely safely capture capture andand relocaterelocate the animal to a suitable site.

Scarlet Kingsnakes:Kinesnakes: We recentlyrecently documenteddocumented Virginia'sVirginia's secondsecond and and most most northern northern population of scarlet kingsnakes from Nelson County. WeWe recommended recommended considerationconsideration ofof impacts impacts uponupon thisthis species andand itsits habitathabitat in Nelson County.County. InIn response response toto our our request, request, AtlanticAtlantic hashas agreedagreed to implement an educational program forfor constructionconstruction crewscrews toto assistassist them inin identifying thethe species, teach teach them them how how to to deal deal with with an an unintentional unintentional encounter, encounter, and and inform inform them them regarding regarding how toto minimizeminimize disturbancedisturbance within suitable habitats forfor thethe species.species. InIn addition, addition, Atlantic has agreed to notify VDGIF of any reported occurrencesoccurrences ofof thethe species.species. WeWe appreciate appreciate Atlantic's efforts toto conserve thisthis speciesspecies and and its its habitat. habitat 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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Anadromous Fish Use Areas:Areas: We reiterate our earlier recommendationsrecommendations regarding identificationidentification and protectionprotection ofof Anadromous FishFish Resources.Resources. AsAs presented presented in our June 1, 20162016 letter, thethe followingfollowing streamsstreams areare located within thethe project area andand havehave beenbeen designateddesignated asas confirmed confirmed oror potential Anadromous Fish Use Areas.Areas. AnadromousAnadromous Fishes Fishes and and the the waters waters that that support support themthem areare bothboth ecologically andand economically economically significantsignificant resources resources inin Virginia.Virginia.

Confirmed: •. Elizabeth River •. Fountains Creek •. MeherrinMehemn River •. Nottoway RiverRiver •. Blackwater River

Potential: •. Nansemond River •. Western Branch Elizabeth River •. James River •. Burnett'sBumett's Mill Creek

To best protect protect these important important fisheries, we we recommend recommend that that all all instream instream work in the above-listed confirmedconfirmed Anadromous Anadromous Fish Fish Use Use Areas Areas or or their their tributaries, tributaries, or within the above- listed potential Anadromous Fish Use Areas, Areas, adhere adhere toto aa timetime ofof year year restriction restriction from February 15 through JuneJune 3030 of any year.

Trout Streams: We reiterate reiterate our earlier recommendationsrecommendations regarding identification and protection ofof Trout Trout Streams in Virginia. WeWe have have updated updated the the list list of of trout trout streams streams includedincluded in in our our recommendations, recommendations, based on review of the the newest newest alignment,alignment, alignment. Rev Rev 11 1I la*: a*:

The following streams streams are are located located within within the the project project areaarea and have been designated as either "stockable" trout streams,streams, indicating their inclusion withinwithin ourour trout trout stocking program,program, or as "wild" trout streamsstreams thatthat supportsupport naturallynaturally reproducing reproducing trouttrout populations populations (species(species indicated in parenthesis below). Trout,Trout, and and the the streams streams that that support support them,them, areare both ecologically andand economically economically significantsignificant resources resources inin Virginia.Virginia.

Wild: • Townsend Draft Draft (brook (brook trout)* trout)* • Lick Draft Draft (brook trout)* • Bear Hollow (brook (brook trout)* trout)* • Erwin Draft (brook trout)*trout)* • East ForkPork Back CreekCreek (brook(brook trout)trout) • North Fork Back Creek Creek (brook (brook trout) trout) 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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• South Fork Back Creek (brook(brook trout)trout) • Jennings Branch (brook trout)trout) • Mills CreekCreek and and its its tributary tributary (brook trout)trout) • Orebank Creek (brook trout) • White OakOak Draft (brook trout)trout) • Bolar Run (brook trout) • Campbell Creek (brook trout) trout) • Cub Creek (brook trout trout and brown trout) trout) • Chestnut Lick Hollow (brook (brook trout) trout) • Clayton Mill CreekCreek (brook(brook trout)trout) • Dry Run (brook trout) • Hodges DraftDraft (brook trout)trout) • Jerkemtight Branch (brook trout)trout) • Jackson River (rainbow trout, possibly brook brook trout) trout) • Laurel Run (brook trout) • Little Mill CreekCreek (brook(brook trout)trout) • Little Stony Creek Creek (brook trout) • Pheasanty Run (rainbow trout) • Ramsey's DraftDraft (brook(brook trout)trout) •. Reuben's DraftDraft (brook(brook trout)trout) •. South Fork Rockfish River River (brook (brook trout) trout) • Stony RunRun (brook(brook trout)trout) • Spruce Creek (brook trout) • Still RunRun (brook(brook trout) • Stony Creek Creek (brook (brook trout) • Little Valley Run Run (brook (brook trout) trout)

To bestbest protect these valuable wildwild trout trout resources,resources, wewe recommend recommend thatthat allall instreaminstream work within these waterswaters and/orand/or theirtheir tributaries adhere to a time of year restriction from October 11 throughthrough MarchMarch 31 of any any year year in in waters waters known known to to support support brook brook trout trouttrout and/or brown trout, and fromfrom MarchMarch 1515 throughthrough May May 1515 ofof anyany yearyear inin waterswaters knownknown toto support support rainbow trout.trout.

Stockable: •. Barterbrook Branch •. Back Creek •. North Fork Back Creek •. Folly Mills CreekCreek •. Mills Creek •. Tributary toto Tom'sTom's Branch •. Tributary toto MillsMills Creek •. Mill Creek •. South Fork RockfishRockfish River 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

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•. Stony Creek •. Bolshers RunRun

To ensure avoidance ofof stocking stocking and/or and/or angling angling activities activities during during project project construction and long-term operation, wewe recommend coordinationcoordination withwith PaulPaul Bugas,Bugas, VDGIFVDGIF Region IV Aquatics Resources Manager, Manager, at 540-248-9360 or [email protected]@deif.vireinia.sov..

Other Resources: In earlier correspondence correspondence with Atlantic and their environmentalenvironmental consultants,consultants, we offered aa number of comments regardingregarding other speciesspecies and resources for which we are are responsible. WeWe request request additional additional follow-up follow-up on on those thosethose listed listed below, below, about about which we have have received no response:

•. Back Creek and JacksonJackson River:River: AlthoughAlthough wewe have have not not designated designated thesethese streams streams as Threatened and and Endangered Endangered Species Species Waters, our Malacologist, Malacologist, Brian Brian Watson, believes thatthat James spinymussels maymay occupyoccupy thesethese streams streams basedbased on on their their adjacencyadjacency to occupied sub-watershedssub-watersheds (Bullpasture(Bullpasture River // Cowpasture River).River). Therefore, wewe recommend that mussel surveys andand relocations bebe performed, performed, inin adherenceadherence to our protocols (previously provided),provided), atat crossing sitedsited proposed proposed withinwithin these waters.waters. Further wewe recommendrecommend adherence to an instream workwork TOYRTOYR in these waters from May 1515 throughthrough JulyJuly 331 I of any year.year. WeWe recommend recommend coordinationcoordination with the USFWS regarding potential impactsimpacts uponupon thisthis federally-endangeredfederaUy-endangeredfederally-endangered species.species.species.

•. Wildlife ActionAction Plan Plan SpeciesSpecies ofof Greatest Greatest ConservationConservation Need:Need: InIn In addition addition toto the the listed listed species and and wildlife resources resources mentioned above, aa number ofof species species included as Species of Greatest Greatest Conservation Need are likely toto occur, occur, if ifif suitable suitable habitat habitat exists, in in and and around around the project area. WeWe recommendrecommend recommend thatthatthat the the Virginia Virginia Wildlife Wildlife ActionAction Plan (available(available through www.bewildvirginia.orgwww.www.bewildvirginia.orgbewildvirjzinia. orp)) be reviewed reviewed to toto determine determine whatwhat threats threats are known to these species, what what constitutes constitutes suitablesuitable habitat habitat forfor thesethese species, andand how to to best best protect protect them and their habitatshabitats fromfrom harm.harm. InIn particular, particular, we wewe have havehave discussed discusseddiscussed withwith Atlantic and and their agentsagents thethe needneed toto considerconsider impactsimpacts uponupon the thethe following followingfollowing WAPWAP tieredtiered species:species: goldengolden- winged warblers, warblers, cerulean warblers,warblers, Bachman'sBachman's sparrows,sparrows, andand Henslow'sHenslow's sparrows.sparrows. InIn addition toto those species,species, we recommend consideration of saw-whet owls, black-billed cuckoos, and Wayne's warblers.warblers.

•. Bradley Pond, Augusta County: BradleyBradley Pond Pond is is aa a stockedstockedstocked trout trouttrout pondpond that receives significant use by by anglers. anglers. ItItIt appearsappears appears the the pipeline pipeline route route crosses crosses the thethe only only entrance entrance roadroadroad to this pond. WeWe recommend recommend avoidanceavoidance or or minimization minimization ofof impactsimpacts impacts uponupon publicpublic access to to Bradley Bradley Pond, Pond, particularly particularly during fishingfishing season.

Crossing of James River Wildlife Management Area: The ACPACP is proposed to cross the Department's JamesJames RiverRiver Wildlife Management Area in Nelson County, a public resource that was purchased with federal grant funds from the U.S.U. S. Fish and Wildlife Service. IfIfIf thethe the projectproject project interferes interferesinterferes eveneven temporarily temporarily (e.g.,(e. g., during during construction) with uses ofof thethe the land land thatthat were established as purposes of those those grants,grants, pipeline 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Richard Gangle February 7,7, 20172017 Page 1313

construction will jeopardize the Department's futurefuture accessaccess to to thesethese grants.grants. While we are are working closely withwith Atlantic Atlantic toto resolve resolve this this issue issue to to our our mutual mutual satisfaction, please bebe aware aware that thisthis issue remains unresolved at this time, and we cannot support thethe projectproject crossingcrossing of our Wildlife Management Area until this issueissue is resolved.

Migratory Bird Plan: We have reviewedreviewed the the Migratory Migratory BirdBird Plan developed toto satisfy satisfy requirements requirements underunder the Migratory BirdBird TreatyTreaty ActAct andand asas requestedrequested by by the the USFWS. USFWS. We appreciate appreciate efforts to schedule treetree removalremoval andand ground ground clearing toto avoidavoid impacts impacts uponupon nesting nesting migratory migratory birds.birds. We continue toto recommend adherenceadherence to aa TOYR for these activitiesactivities fromfrom MarchMarch 1515 through through August 31 ofof any any year. year. InIn addition, addition, we we recommend recommend minimizationminimization ofof forest forest fragmentation fragmentation across the Commonwealth. WeWe call call special special attention attention belowbelow to to avian avian species species and and resources resources discussed inin the the Migratory Migratory Bird Bird Plan that have not already been mentioned above:

•. Colonial WaterbirdWaterbird Colonies:Colonies: We document colonial waterbirdwaterbird coloniescolonies containing great blue herons and great egrctsegrets from the project area; somesome confirmed and new ones observed duringduring aerial surveys performed alongalong the projectproject route.route. We recommend that all colonial waterbird waterbird colonies located located within within the the project project area area be identified and mapped, and that thethe colonycolony and a 500-foot, naturally naturally vegetated buffer around each colony be be left left undisturbed. undisturbed. Further,Further, we we recommend recommend that that any construction activities withinwithin 0.250.25 mile mile of of a a colony colony adhere adhere to to a a timetime of of year year restriction restriction fromfrom February 1 through JulyJuly ofof any year. Please note that this time of year year restriction is an update from previous recommendations, based on recent information from from RuthRuth Boettcher, VDGIF Nongame Biologist.

•. Golden-winged warblerswarblers (WAP fWAP SGCNSGCN TierTier Ia) la) — - WeWe previously recommended consideration of impacts impacts uponupon this species along along the the pipeline pipeline route route inin Bath Bath and and Highland counties. WeWe have have not not seen seen any any information information specific to to protection protection of this species or habitats that supportsupport it.it. We did not recommend surveys forfor this species,species, but but it it appears appears that surveys for thisthis speciesspecies were performed inin WestWest Virginia. WeWe recommend recommend thatthat habitat assessments, assessments, if if not not surveys, surveys, be be performed performed along along the the pipeline pipeline route route in in Bath Bath and and Highland counties andand that such assessments be provided to us for further review. review. We offer the following information information againagain to to assistassist with with decision-making: dedsion-making: TheirTheir breedingbreeding season in in Virginia isis May May 1— 1- JulyJuly 31. 31. The best survey window isis mid-May mid-May toto mid-June mid-June and a playback sequencesequence is highly recommended toto increase detectability.detectability. Breeding habitat description: acrossacross their breedingbreeding range,range, golden-wingsgolden-wings arearc associated with a number of open, early-successionaleariy-successional habitatshabitats with herbaceous cover (grasses andand forbs), patchy shrub cover, cover, and scatteredscattered trees.trees. InIn Virginia Virginiathese these maymay includeinclude oldold fields,fields, lightly- grazed pastures, regenerating clearcuts clearcuts oror cut-overs,cut-overs, young forests, and and shrubby wetlands. A 20102010 studystudy in in Highland Highland andand BathBath counties counties demonstrated demonstrated thatthat the the birds birds prefer sites where >50% of woody covercover is is spatially spatially clustered clustered or clumped. ThisThis woody cover often includes a lowlow shrub shrub layer layer such as blackberry. ContributingContributing to the uniquenessuniqueness ofgolden- of golden- wing habitat habitat in Virginia is that that these shrubby open patches are embedded within a forested landscape, at elevationselevations >>1500 1500 ft.ft. BreedingBreeding habitat habitat occursoccurs within a largely forested landscape context. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Richard Gangle FebruaryFebn]ary7, 7, 2017 Page 1414

•. Cerulean warblerswarblers (WAP(WAP SGCN SGCN Tier Tier Ia)la) la) — - WeWe previouslypreviously recommendedrecommended considerationconsideration of impacts upon this species along the pipeline route in Bath, Highland,Highland. Augusta, and Nelson counties. We have not received any information from Atlantic regarding protection of this species or habitats that supportsupport it.it. WeWe request description of actions to be taken to protect this species. WeWe offer offer the the following following information information againagain to to assist with decision-making: Their breedingbreeding seasonseason in in Virginia Virginia is is May May — - July. July. The best survey window is mid-May to endend of June.June. BreedingBreeding habitathabitat includesincludes maturemature deciduousdeciduous forestsforests of eastern North America (from http://amjv.org/documents/ceruleanhttD://amjv.org/documents/cerulean guide euide I1- I -- pgp?_lavout. layout.pdf).layout.pd0.pdf). CeruleanCerulean Cerulean warblers warblerswarblers require requirerequire heavily heavilyheavily forested forested landscapeslandscapes forfor nesting nesting and, within Appalachian forests, they primarily occur on ridge tops and steep, upper slopes; though they may also occur in forested riparianriparian habitats.habitats. TheyThey are are generally generally associatedassociated with oak dominated stands that contain gaps in the forest canopy, that have large diameter trees (>16 inches dbh), and that have well-developed understory and canopy layers.

•. Additional WAP SGCN avian species we recommend consideration of impacts upon include: NorthernNorthern Saw-whet Saw-whet Owl, Owl, Black-billed BIack-billed Cuckoo, Cuckoo, andand Black-throated Green Warbler (Wayne's WarblerWarbler in in vicinity vicinity ofof Great Great Dismal Swamp / Suffolk / Chesapeake). We recommend coordination with us, as needed, regarding protection of these species and their habitats.

•. The following species are not known to breed in or along the proposed pipeline corridor in Virginia, and are not not likely to be incidentally encountered along the corridor. Thus,Thus, we we recommend recommend removing removing them them from from consideration consideration inin the the Migratory Migratory Bird Plan for Virginia: American oystercatcher, black rail, black skimmer, gull-billedguU-bilIed tern,tem, least tern,tem, Hudsonian godwit, and marbled godwit.

Invasive Plant Species Management Plan: Atlantic has developed an invasive plant species management plan for the pipeline corridor that generally describes thethe equipment washing andand decontamination, herbicideherbicide use,use, soilsoil segregation, and other measures to be implemented. TheThe plan, plan, however, however, focusesfocuses on plants designated by USDA or the states' DepartmentsDepartments ofof Agriculture Agriculture asas noxious weeds: it does not significantly address thethe many other invasive plants recognized by regional (e.g.,(e. g., MAPAIS: thethe Mid-Atlantic Panel on Aquatic Invasive Species, and MAIPC: the Mid-Atlantic Invasive Plant Council) or state (Virginia Invasive Species Species Workgroup / Department of Conservation and Recreation / Division of Natural Heritage)Heritage) authorides.authorities. WeWe urge urge Atlantic to review other appropriate agencyagency lists and resources to assembleassemble a more complete list of invasive plant species of concern that may occur in the ACP corridor. TheThe invasive invasive species species plan also must addressaddress animal invasive species such as zebra mussels, found near the pipeline corridor in West Virginia, Virginia, that potentially could be spread into Virginia on construction equipment, personal vehicles, personal equipment, or in water used for constructionconstruction oror hydrostatichydrostatic testing.testing. AtlanticAtlantic shouldshould consult with thethe USGSUSGS Nonindigenous Aquatic Species resources, MAPAIS, MAIPC, the Virginia Invasive Species Work Group Advisory Committee, VDGIF, and VDCR-DNH to 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Richard Gangle February 7,7. 2017 Page 1515

construct the appropriate list of invasive species of concernconcern inin Virginia.Virginia. Atlantic should carefully review BMPs and standards established by the USFWS, BOR, NOAANOAH Fisheries, and ACOE (to name just a few federal agencies with such guidelines), and adopt an appropriate set of construction, maintenance, monitoring, and inspection/decontamination standards for the entire pipeline project. WhenWhen AtlanticAtlantic adopts adopts a a specificspecific set set of of standardsstandards for implementation prqject-wide,project-wide, whether by choosing an appropriate agency standard oror standardsstandards ofof Atlantic'sAtlantic's development, those standards and operational practices should be submitted for public review as part of the NEPA/FERC project reviewreview process.process. WeWe also also notenote thatthat USFSUSFS has stated to FERC that Atlantic will be responsible for invasive species management on the pipeline corridor across Forest Service properties for the life of the project; aa standardstandard that should also be considered for JRWMA and all other public or recreational lands, if not for thethe entireentire projectproject corridor.corridor. We recognize that specific treatment measures may be determined in the field, or after future surveys are conducted, but we must feelfee] confident in the foundations of the ACP protocols and BMPs to presume their acceptability.

Soil and Slope Stabilization: While we recognize the applicant's experienceexperience withwith pipelinepipeline construction and attendant sediment and erosion controls, and we recognize that some site-specific construction details areare best resolved during post-NEPA permit review, we are nonetheless concerned regarding potential for serious events including slope failures, instream sedimentation, washout of fill materials, and compromise or contamination of sensitive biological or hydrogeological features such as trout streams, Endangered or Threatened Species Waters, major stream crossings, publically-owned conservation lands, or sensitive karst resources. ConstructionConstruction accidents,accidents, unanticipatedunanticipated geologicalgeological conditions, or severe weather can, and have, precipitated catastrophic impacts upon sensitive fish and wildlife resources in the past: it is the applicant's responsibilityresponsibility toto ensure that that they not only are prepared to minimize adverse environmental impacts under anticipated construction conditions, but that they have seriously considered and prepared for "unanticipated" severe weather or other project conditions that maymay bebe encountered.encountered. TheseThese contingency plans should be submitted forfor public review as part of the the NEPA/FERC NEPA/FERC project review process. We understand the necessity to quickly and effectively revegetate the pipeline corridor post-ground disturbance. InIn consideration considerationconsideration ofof that that andand ourour commentscomments above, we recommend use of native plant species, preferably thosethose that are beneficial to pollinators. We understand such species are being considered for areas south and east of the James River and with slopes of less than 15%. WeWe recommend recommend consideration consideration of of usingusing such such plant plant species for revegetation of the corridor wherever appropriate, not only along the corridor south and east of the James River.

General Recommendations:Recommendations: This project is located within 2 miles of a a documented occurrence of a state or federal threatened or endangered plant or insect species and/or otherother Natural Heritage coordination species. Therefore,Therefore, wewe recommend recommend coordinationcoordination withwith VDCR-DNH VDCR-DNH regardingregarding protection of these these resources. Further,Further, we recommendrecommend coordination with the U.S.U. S. Fish and Wildlife Service to ensure protection of federally-listed species known fromfrom the project area. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

RichardRjchard Gangle February 7,7, 20172017 Page 16 16

We recommend conductingconducting anyany in-stream in-stream activities, whether whether resulting resulting inin permanent permanent or temporary impacts,impacts, duringduring Jowlowlow oror no-flowno-flow conditions, usingusing non-erodible non-erodible cofferdamscofferdams oror turbidity turbidity curtains to isolate the construction area, blockingblocking no more than 50% of the streamflow at any given time, time, stockpiling stockpiling excavated excavated material material in in a a manner manner thatthat preventsprevents reentry reentry into the stream, restoring original streambed and streambank contours, contours, revegetating barren areasareas withwith native vegetation, and implementing strict erosionerosion andand sediment sediment control control measures.measures. To minimizeminimize harmharm to the aquatic environment andand itsits residentsresidents resultingresulting fromfrom useuse ofof the Tremie method to install concrete, installation ofofgrout groutgrout bags, and and traditional pouringpouring ofof concrete, we recommend that such activities occur only only in in the the dry, dry, allowingallowing all all concrete concrete to to harden harden and and cure cure priorprior to contact with open water. Due toto futurefuture maintenance costs associated withwith culverts, culverts, andand the the loss of of riparian riparian and aquatic habitats, wewe prefer thatthat stream stream crossingscrossings crossings be bebe constructed constructedconstructed via viavia clear-span clear-spanclear-span bridges. bridges.bridges. However,However, if this this isis not not possible, possible, wewe recommendrecommend countersinking countersinking anyany culvertsculverts below below the the streambed streambed at least 6 inches, or the use ofbottomlessof bottomless culverts,culverts, toto allowallow passagepassagepassage ofofof aquaticaquatic organisms.organisms. We also recommend the installation ofoffloodplain floodplain culvertsculverts toto carry carry bankfull discharges.

In many instances, we supportsupport use of of directionaldirectional drill,drill, aerial crossing, or or other methods that avoidavoid impacts upon streams, streams, wetlands,wetlands, and and other other uniqueunique naturalnatural resources.resources. We understand,understand, however, that such methods are notnot practicablepracticablepracticable in inin every everyevery situation. situation.situation. DueDue toto recentrecent examplesexamples of frac-outs leading to bentonite mud spills resulting resulting from the directionaldirectiona] drill method,method, wewe recommend that geotechnicalgeotechnical analysis of all all proposedproposed sitessites for for directional directional drillsdrills be performed and closely reviewed toto ensure ensure that the sitessites areare suitedsuited forfor suchsuch aa crossingcrossing method.method. Depending on the sensitivity ofof anyany given given stream, stream, we we may may prefer prefer trenched trenched crossingscrossings that that adhere adhere to our instream work recommendationsrecommendations or anyany recommendationsrecommendations mademade forfor thethe protectionprotection ofof listedlisted species and/or and/or designated wildlife resources. IfIf a a directionaldirectional drill isis the the chosen chosen method, wewe recommend that a contingency/clean-upcontingency/clean-up plan be developed toto address address frac-outsfrac-outs and/or spills thatthat may occur.

We also also recommend recommend that that the the applicant: applicant: avoid and minimize impacts impacts to to undisturbed undisturbed forest, wetlands, and streams to the fullest extentextent practicable; practicable; maintainmaintain naturally vegetatedvegetated buffers of at least 100100 feet feet in in width width around around wetlands wetlands and and on on both both sides sides of of perennial perennial andand intermittent intermittent streams,streams, where practicable; and, implement and maintain appropriate erosionerosion andand sedimentsediment controls throughout projectproject constructionconstruction andand site site restoration. restoration.restoration. We WeWe emphasize emphasize that that maintaining maintaining effectiveeffective erosion andand sediment controlcontrol duringduring construction, and achievingachieving soil stability stability afterafter construction, will bebe particularly particularly difficult in areas along the route that havehave steepsteep slopesslopes and significant topography. WeWe are are happyhappy happy toto to workwork work withwith with thethe the applicantapplicant applicant toto to developdevelop develop project-specific project-specific measuresmeasures as necessary to minimize projectproject impacts upon the Commonwealth'sCommonwealth's wildlifewildlife resources.resources.

It is clear, simply basedbased on thethe project scope,scope, thatthat significantsignificant linearlinear footagefootage of forestedforested habitat willwill be lost to early successional habitat.habitat.habitat. AlthoughAlthough conversion conversionconversion from fromfrom forested forested habitat habitat to early successional habitathabitat isis notnot alwaysalways harmfulharmful to wildlife, itit does does require require perpetualperpetual maintenance and isis likely toto result in significant forestforest fragmentation fragmentation across the Commonwealth. ForestForest fragmentation fragmentation results results in in loss loss of of interiorinterior interior forested forested habitat, allowsallows invasive speciesspecies toto colonize, colonize, and and introduces introduces new new predator/prey predator/prey relationshipsrelationshipsrelationships along the corridor andand withinwithin adjacentadjacentadjacent habitats. habitats.habitats. We urge the applicant to considerconsider these long-term 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Richard Gangle February 7, 7, 20172017 Page 1717

impacts and toto minimize them to the greatest extentextent possiblepossible by collocating thethe pipeline within already-disturbed utilityutility corridorscorridors and and early early successional successional habitats.habitats. VDGIF is represented on the inter-organizational Virginia Forest Conservation PartnershipPartnership (VFCP), aa group of specialists collaborating on reviewreview ofof large large utility utility projectsprojects toto ensureensure consideration of significant forest losses across across the the landscape. landscape. We We support support recommendations recommendations made made by the VFCP regarding waysways to avoid, minimize, andand mitigate for forest loss across the Commonwealth.

Thank you for the opportunity to provide input on this proposed natural gasgas pipeline. We look look forward forward toto receiving receiving updated updated project project maps,maps, projectproject documents, andand permit applications as they become available. UponUpon receipt receipt of of such such information, information, wewe will will provide provide additional additional comments and recommendations asas appropriate.appropriate. PleasePlease contact contact meme oror AmyAmy EwingEwing at at 804-367-804-367- 0509 if if you you have have any any questions questions or or need need additional additional information. information.

Sincerely,

Raymond T. Fernald,Femald, Manager Environmental ProgramsPrograms

RTF/AMERTP/AME CC: Angela Navarro,Navarro, Deputy Secretary Secretary of Natural Resources Kimberly Bose, Secretary,Secretary, FERC David Whitehurst, VDGIF Greg Evans, VDOF S. ReneRend Hypes, VDCR-DNH Nikki Rovner, Rovner, The Nature Nature Conservancy Sara Throndson, Natural Resources Group Kristen Lentz, Merjent 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

‘,oRGIAnalMWGiniA,06111114 ;bi^ ti^»^1i

Ari t DepalimentDepartmentDepart inerrt of Game

. atlnlmd InlandInland Flaberteadiabetes FRESHWATER MUSSEL GUIDELINES FOR VIRGINIA

Virginia Field Office Virginia Dept. of Game and Inland Fisheries U.S.U. S. Fish and Wildlife Service 4010 West Broad Street 6669 Short Lane P.O.P.O. Box 1110411104 Gloucester, VAVA 2306123061 Richmond, VAVA 23230 804-693-6694 804-367-1000

Last Updated:Updated: 6-22-156-22-15 DRAFT LIST OF ENCLOSURES

I1 -- Federal and and State-Listed State-Listed Species in Virginia 2 - Mussel Survey Survey and Relocation Guidelines in Virginia 3 - Surveyor List for Atlantic Slope Mussels in Virginia 4 - Surveyor List for Upper Tennessee River Basin Mussels in Virginia 5 - Time of Year Restrictions (See Freshwater Mollusks) 6 - Map of ofFederally-Designated Federally-Designated Critical Habitat for Mussels in Virginia

INTRODUCTIONINTRODUFTTON

These guidelines are for project applicants and consultants planning certain activities that will impact rivers, streams, creeks, oror otherother waterways waterways in in Virgmia.Virginia. The guidelines provide recommendations for conducting freshwater mussel surveys and relocations for small construction projects of short duration involving non-point pollution sources and affecting affectmg no more than 100100 linear feet of waterway. LargerLarger projects projects thatthat impact impact waters containing State or federally listed mussels may require additional coordination or permits from the Virginia DepartmentDqiartment of Game and Inland Fisheries (VDGIF)Q/DGIF) and/or the U.U.S.S. Fish and Wildlife Service (FWS). CoordinationCoordination with with these these agencies agencies should should always always be initiated initiated to ensureensure compliance with Federal and StateState laws.

FWS is responsible for the conservation and management ofof'federally federally listed freshwater mussel species. VDGIFVDGIF isis responsible responsible for for the the conservation conservation and management of all freshwater mussel species throughout Virginia. IfIf it it is is known known thatthat federally federally listedlisted species species or critical habitat (Enclosure 6) are not present within a two-mile radius of a given site, coordination with VDGIF, but not FWS, isis stillstill necessary.

GENERAL LIFE HISTORY

Freshwater mussels are often prominent in benthicbentfiic stream communities where, for the most part, they are sedentary filter-feeders consuming a major portion of the suspended particulate matter. Therefore, mussel beds act as biological filters by removing inorganic and organic material from 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

the water column while improving water quality downstream. downstream. IndividualsIndividuals are typically long- lived, with particular species living for more than 50 years, while some individuals may live for more than 130130 years. BecauseBecause these these mussels mussels areare long-lived, long-lived, sedentarysedentary filter-feeders,filter-feeders, they are prominent indicators of water quality. quality. FreshwaterFreshwater mussels also also serve serve as an important dietary component to a variety of animals, including muskrats, otters, raccoons, and some fishes.

During spawning, male mussels release sperm into the water column that females take in through their gills. TheThe resulting resulting larvae larvae (known (known as as glochidia) glochidia) maymay be released by the female into the water column or packaged to to attract fish.fish. TheseThese larvae larvae must attachattach to a fish host to survive. While attached to the gills of the the fish host, host, developmentdevelopment ofof the the glochidiaglochidia begins. begins. Once metamorphosis is complete, the juvenile juvenile mussel drops off the fish host and continues to develop on the stream bottom.

Freshwater mussels are generally divided into two reproductive categories known as short-term (tachytictic) or long-term brooders (bradytictic). Short-termShort-term brooders usually spawn and release glochidiaglodhidia during May through July July in in Vu-ginia.Virginia. Long-termLong-term brooders usually spawn from August through September and release glochidia the following April through June.

SURVEYS AND RELOCATIONS

Enclosure 11 is a list of federally endangered, threatened, and candidate mussels and State endangered and threatened mussels.mussels. IfIf a project occurs in an area that may contain suitable habitat for one of these species, FWS and/or VDGIF maymay recommendrecommend aa survey.survey. To determine which waterways may contain suitable habitat for State or federally-listed species, contact VDGIF for guidance (804-367-2211 oror 2733).2733). ApplicantsApplicants should should contact contact FWS and VDGIF early in the planning process to determine whether federally or State-listed species or critical habitat may be impacted by the project. The effects of a project may include direct impacts from construction activities as well as downstream impacts from sedimentation and effluent discharges. IfIfmussels mussels werewere found found during during anyany previous survey/s,survey/s, however old, coordination with VDGIF and FWS (where applicable) willwill bebe required.required. SurveysSurveys where mussels are not found (negative surveys) are typically valid for two years, after which another survey should be performed. GuidelinesGuidelines for for freshwater freshwater musselmussel surveyssurveys andand relocations relocations areare found in Enclosure 2. Surveyor lists are included inin EnclosuresEnclosures 33 andand 4.4. IfIf listed listed mussels are found in or downstream of a project area, VDGIF and/or FWS are likely to recommend time of year or other restrictions to reduce impact to thethe mussels.mussels. TimeTime ofof year restrictions are listed inin EnclosureEnclosure 5.5. IfIfFWS FWS determines that the project "may affect" a federally listed species or critical habitat, consultation with FWS will be required.

LAWS AND REGULATIONS PROTECTING MUSSELS

Federal Endangered Species Act (ESA) (87 Stat. 884; 1616 U.S.C.U. S.C. 15311531 et seq.;seq. ; 50 CFR Part 17)17) Section 7(a)(2) requires Federal agencies to ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of any federally listed threatened or endangered species, or result in thethe destruction oror adverseadverse modificationmodification ofof criticalcritical habitat. habitat. The regulations implementing this Act (50 CFR 402) require the Federal agency to review its actions 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

at the earliest possible timetune to determine whether its actions may affect listed species or critical habitat. IfIf a a FederalFederal agency agency determinesdetermmes that its actionaction "may affect" a a listed threatened or endangered species or critical habitat, the agency is required to consult with FWS regarding the degree of impact and measures available to avoid or minimize the adverseadverse effects.

Section 9 of the ESA makes it illegal for any person subject to the jurisdiction of the United States to "take" any federally listed endangered or threatened species of fish or wildlife without a special exemption. "Person""Person" isis defined defined underunder thethe ESA ESA toto include include individuals, individuals, corporations, corporations, partnerships, trusts, associations, or any other private entity; local, State, and Federal agencies; or any other entity subjectsubject toto thethe jurisdictionjurisdiction ofof thethe UnitedUnited States.States. Under the ESA, "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or to attempt to engage in any such conduct. HarmHarm is is further further defined defined toto includeinclude significantsignificant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavior patterns such as breeding, feeding, oror sheltering.sheltering. HarassHarass is is defined defined as actions that create the likelihood of injury injury to listed species to such an extent as to to significantlysignificantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering.

Section 10 establishes an incidental take permit provision for private entities that includes the development of habitat conservation plans. This provision authorizes FWS, under some circumstances, to permit the taking of federally listed fish and wildlife if such taking is "incidental to, and not the purpose of carrying out out otherwiseotherwise lawful lawful activities.activities."" This process is also intended to be used to reduce conflicts between listed species and private development and to provide a framework that would encourage "creative "creative partnerships" between the private sector and local, state, and Federal agencies in the interest of endangered and threatened species and habitat conservation. When approved by FWS, this regulatory procedure results in the issuance of a permit authorizing incidental take, provided such take is mitigated by appropriate conservation measures for habitat maintenance, enhancement, and protection, coincident with development.

Virginia Endangered Species Act (29.1-563(29. 1-563 - 29.29.1-570)1-570) - This law provides that VDGIF is the state regulatory authority over federally oror state listed endangered or threatened fish and wildlife in the Commonwealth, defining defimngfish fish or wildlife as "."... . . any member of the animal kingdom, vertebrate or invertebrate, except for for the class Insecta, and includes any part, part, products, egg, or the dead body oror partsparts thereof.thereof"" It prohibits the taking, transportation, processing, sale, or offer for sale within the Commonwealth of any fish or wildlife listed as as a a federallyfederally endangered or threatened species, except as permitted by the Board of Game and Inland Fisheries for zoological, educational, scientific, or captivecaptive propagationpropagation forfor preservationpreservation purposes.purposes. State-listed species are provided the same protection per VDGIF Regulation 4 VAC 15-20-130.15-20-130.

The law further authorizes the Board of the Virginia Department of Game and Inland Fisheries to adopt the Federal list of endangered and threatened species, to declare by regulation that species not listed by the Federal government are endangered or threatened in Virginia, and to prohibitprohibit by regulation the taking, transportation, processing, sale, or offer for sale of those species. Implementing regulations pursuant to this authority (4 VAC 15-20-13015-20-130 through 140) 140) further 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

define "take" and other terms similarly to the Federal ESA.

Federal Endangered Species Act Cooperative Agreement - Federally listed species are also protected under VDGIF jurisdictionjurisdiction via a cooperative agreement signed in 19761976 with FWS pursuant to Section 6 of the ESA. ThisThis Cooperative Cooperative AgreementAgreement recognizesrecognizes VDGIF as the Virginia agency with regulatory and management authority in Virginia over federally listed or threatened animals, excluding insects, and provides for for Federal/State cooperation regarding the protection and management of those species. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Enclosure 1: FederalFederal and and StateState ListedListed MusselMussel Species Species in Virginia U.S.U. S. Fish andand Wildlife Service: Environmental Conservation Online System (ECOS) (http://ecos.fws.gov/ecp/)(httD://ecos. fws. eov/ecp/)

Virginia Department of Game and Inland Fisheries: Special Legal Status Faunal Species in Virginia (https://www.dgif.virginia.gov/wp-content/uploads/virginia-threatened-endangered-species.pdf(https://www.dgif(https://www. deif. virgima.virginia. eov/wp-content/uDloads/virainia-threatened-endangered-sDecies.go v/wp-content/uploads/virginia-threatened-endangered-sp ecies .ppdf) df )

Enclosure 2: MusselMussel Survey Survey and and RelocationRelocation GuidelinesGuidelines in Virginia There are four general assessment/surveyassessmenVsurvey types including:includmg:

A. Land-based review - land-based site visit used to to determine whether a water-based survey (site assessment, abbreviated, or fullfull survey) isis warranted.warranted. During a land-based review, the surveyor shouldshould looklook forfor obviousobvious signs signs that that would negate the need for additional, water-based surveys. ForFor example,example, if it it can can be determineddetermmed that the water body is non-peremiialnon-perennial and/or contains no potential mussel habitat, it is unlikely that additional additional' surveys would be needed or recommendedrecommended byby VDGIFVDGIF or or FWS.FWS. If it is determined that suitable habitat is present, thethe appropriate survey will will bebe recommended. recommended. Photographs of thetfae project site clearly showing instream habitat conditions, as well as a thorough site description, should be sent to VDGIFVDGIF and FWS for for review in lieu of the site assessment. If it is determined that suitable habitat is present, the appropriate survey will be recommended.

B. Site assessment - 20 m upstream / 80 m downstream. AA sitesite assessment assessment is recommended to determine if suitable habitat is present at a project location and may bebe recommended recommended if the presence of a listed species is is questionable. IfIf suitablesuitable habitat is present, the appropriate survey will be recommended even in the absence ofmussels,of mussels, since the site assessment does not serve as a substitute for a mussel survey; however, the presence of freshwater mussels should be documented during the assessment. C. Abbreviated survey - 100100 m upstream / 400 m downstream of project footprint. D. Full survey - 200 m upstream / 800 m downstream of project footprint. The assessment/surveyassessment/surveytype type is based on the scope of the project, potential impacts, and known species distributions. SurveySurvey lengthslengths are are measuredmeasured fromfrom the the project footprint. SurveySurvey distances have primarily beenbeen developed developed for projects where physical alteration/disturbance of the stream isis the primary impact (e.g.,(e. g., bridge repair/replacement, repair/replacement, utilityutility lineline crossings,crossings, etc.etc.).). Potential impactsimpacts fromfrom projects involving activities such as point point and non-pointnon point source discharges, water intakes,intakes, and mining may require require greater survey lengths lengths and differentdifferent methods. Project applicants should contract with a qualified musselmussel surveyor. Enclosures 3 and 4 provide a list of ofpre-approved pre-approved mussel surveyors. IfIf aa pre-approvedpre-approved surveyorsurveyor is not selected, please provide the proposed surveyor's qualificationsqualifications andand proposed surveysurvey design to FWS and VDGIF aa minimum of 30 days prior to survey initiation. IndividualsIndividuals whowho taketake federally federally listed threatened 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

and endangered animals must obtain a permit from VDGIF,VDGIF, priorprior toto surveying.surveying. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct.conduct. ContactContact information information follows:

Ms. ShirlShu-1 Dressler Virginia DqiartmentDepartment of Game and Inland Fisheries 4010 W. Broad Street P.O.P.O. Box 1110411104 Richmond, Virginia 23230-110423230-1104 Phone: (804)(804)367-6913 367-6913 [email protected]@dgif. virgmia. gov

A plan for musselmUssel relocations, including initial surveys, must be presented to VDGIF and FWS (where applicable) for comment and approval priorprior toto initiationinitiation ofof construction.construction. Failure to provide a mussel relocation and/or survey plan may affect review and permitting of the project by VDGIF and FWS.

The recommended time of year to conduct mussel surveys and relocations is April 1 through October 31. SurveyingSurveying during during the the cooler cooler months months is is discouraged discouraged because mussels tend to be located deeper in the substrate and a greater percentage of the population is subsurface, therefore making them more difficult to find, particularly rarerare species.species. AA moremore specific specific time frame may be recommended depending on thethe targettarget species. AA surveysurvey conducted outside this time frame requires VDGIF and Service (where applicable) approval.

Guidelines ififfederallv-listed federally-listed mussels are not oresentnresent

During the initial survey, mussel species within the direct project footprint or within imminent danger from project impacts maybemay be relocated to suitable habitat unless otherwise directed by VDGIF. SuitableSuitable habitat habitat typically typically includesincludes anan area area upstream of project impacts and which also harbors freshwater mussels. IfIf such such an an area area cannot cannot be found, found, thethe surveyor surveyor should determine the location of most suitable habitat. TheThe direct direct project footprintfootprint shallshall be defined as the area of potentially disturbeddistu-bed substrate, any zone of heavy equipment operation, plus the distance downstream that may experience significant sedimentation fromfrom construction.construction. If not determined prior to the relocation, the surveyor is responsible for determining the most suitable relocation area. AllAll relocated relocated musselsmussels mustmust be be at at least least partially partially placedplaced inin thethe substrate,substrate, anterior end down. Project applicants may be required to monitor relocated mussels to determine relocation success/failure.

Standard mussel relocation protocols are outlined outlined below.below. TheseThese protocolsprotocols may vary based on factors such as the scope of thethe project project and the the resultsresults of the the initial initial musselmussel survey.survey. If the relocation protocols vary, VDGIF will clearly outlme outline the appropriate protocols with the project applicant. ItIt is is thethe projectproject applicant's applicant's responsibility responsibility to to ensure ensure thatthat thethe proper relocation protocols are used and that the contracted mussel surveyorsurveyor is aware of any modifications to the standard protocols.

The reach from which mussels are to be relocated will be at least 100100 m long including the 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

project footprint. TheThe standard standard protocol is as follows:

•. The 11st relocation survey must occur within 30-453 0-45 days of instream construction activities and atat least 7 7 daysdays priorprior to to the the 2n2 nd d relocation survey.

•. The 2n 2 d relocation survey must occur within 30 days of instream construction activities and at least 77 days after the 11ststSt relocation survey.

•. All relocation surveys mustmust include at aa minimum,minimum, twotwo passes.passes. The target relocation percentage of the initial numbernumber ofmusselsof mussels collectedcollected isis 80%.80%. If on the 211dnd pass, more than 20% of thethe initial initial number ofofmussels mussels is collected, continued passes must be conducted until no more than 20% of the initial number ofmusselsof mussels is collected on the finalfmal pass. TheThe target target relocation relocation percentage may be adjusted higher or lower depending dependmg on the species and numbers collected during the initial survey.

•. If a state-listed species is found, continued passes must be conducted until no listed species are found on the final pass. IfIf repeated repeated passes result in continual collection ofofstate-listed state-listed species, modification of the survey techniques maybemay be required.

If relocation surveys are notnot possible due to natural conditions such as high water, contact VDGIF to arrange contingency plans.

The location of all relocated mussels must be accurately accurately documented (preferably with geographic coordinates) and reported to VDGIF. AllAll state-listed state-listed mussel species species must be tagged and measured for potential future monitoring.

Project applicants maybemay be required to adhere to time of year restrictions for mussel relocations as directed by VDGIF. IfIf thisthis is is the the case, case, for for the the long-term long-term brooders, relocations can occur from June 1616 though August 14 and October 1 through OctoberOctober 31.31. ForFor short-term short-term brooders, relocations cancaii occur from April 11 through May 1414 and August 11 through October 31.3 1.

All mussel surveysurvey and relocation results, including tag and measurement data, must be submitted to VDGIF for review, priorprior toto instream construction activities.activities. Reviews will be expedited due to the potential short timeframe between surveyssurveys and/or relocations and the start ofinstreamof instream work. Reports must contain, at a minimum, number of species found, number of individuals per species and their sizes, and number of individuals tagged.

Guidelines ififfederallv-listed federally-listed mussel speciessoecies are presentnresent

Federally-listed mussels must not be relocated during the initial survey. IfIffederally-listed federally-listed mussels are found, they must remain exactly where found and all specimens should be photo documented, if possible. CoordinationCoordination with with FWS FWS and and VDGIF VDGIF must must occuroccur to determinedetermine; future actions. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

If it is determined that a project may affect a federally-listed species, FWS will complete a a consultation with the Federal action agency and prepare a biological opinion in accordance with the Federal Endangered Species Act. Act. TheThe relocationrelocation procedures procedures forfor federally federally listed mussels will be specified in FWS's biological biological opinionopinion and and will will be be determined determined on a a project-specific basis.

If relocation surveys are not possiblepossible due to conditions such as high water, contact FWS and VDGIF to arrange contmgencycontingency plans.plans. AllAll listedlisted mussels mussels mustmust be moved to suitable habitat upstream of any potential project impacts. MusselsMussels maymay be be relocated downstream if habitat upstream is determined unsuitable by VDGIF andand FWS.FWS. IfIf not determineddetermmed prior to the relocation, the surveyor isis responsibleresponsible forfor determiningdetermining thethe mostmost suitablesuitable relocationrelocation area.area. All relocated mussels must be at least partially placedplaced inin thethe substrate,substrate, anterioranterior endend down.down. Project applicants may be required to monitor relocated mussels to determine relocation success/failure. The location of all relocated federally-listed mussels must be accurately documented (preferably with geographic coordinates) and reported toto FWSFWS and VDGIF.VDGIF. All federally-listed mussel species also must be tagged and measured for potential futurefuture monitoring. All mussel survey survey and relocation results must be submitted to FWS and VDGIF for review, prior to instreammstream construction activities. ReviewsReviews willwill bebe expedited expedited due to the potential short timeframe between surveys and/or relocations relocations andand the the startstart ofinstreamof instream work.work. Reports must contain, at a minimum; number of species found, number of individuals per species and their sizes, number of individualsindividuals tagged, etc. Project applicants maymaybe be required to adhere to time of year restrictions (Enclosure 5) for mussel relocations as recommended by FWS FWS and VDGIF. TimeTime of of yearyear restrictions will be specified in aa letter or in FWS's biological biological opinion. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Enclosure 3: SurveyorSurveyor List List forfor Atlantic Atlantic Slope Slope Mussels in Virginia Approved Surveyors in Virginia for Atlantic Slope Freshwater Mussels (http://www.fws.gov/northeast/virginiafield/pdf/endspecies/Surveyor(http://www.fws.gov/northeast/virginiafield/pdf(http://www. fws. eov/northeast/virgimafield/Dd£/endsDecies/Survevor endspecies/Surveyor Lists/PDF%20Format/SULists/PDF%20Format/SU RVEYOR%2OLIST%20-%20Atlantic%20Slone%20Mussels.pdf)RVEYOR%2OLIST%20-%20Atlantic%20Slope%20Mussels.pdf)RVEYOR%20LIST%20-%20Atlantic%20SloDe%20Mussels. Ddf) Enclosure 4: SurveyorSurveyor List List forfor Upper Upper Tennessee Tennessee RiverRiver Basin Mussels in Virginia Approved Surveyors in Virginia for Tennessee River Drainage Freshwater Mussels (http://www.fws.gov/northeast/virginiafield/pdeendspecies/Survevor(http://www.fws.gov/northeast/virginiafield/pdf/endspecies/Survevor(http://www. fws. eov/northeast/virgmiafield/r>d£/endsDecies/Survevor Lists/PDF%20Format/SULists/PDF%20Format/SU RVEYOR%2OLIST%20-%2OTN%20Drainage%20Mussels.pdfRVEYOR%20LIST%20-%20TN%20Drainaee%20Mussels. Ddf) )

EnclosureEnclosures: 5: TimeTime ofof Year Year RestrictionsRestrictions

Virginia Department of Game and Inland Fisheries Time of Year Restrictions (TOYR) Table (https://www.dgif.virginia.gov/wp-content/uploads/VDGIF-Time-of-Year-Restrictions-(https://www.dgif(httDs://www. deif. virsinia.virginia.eov/wp-contenb/uuloadsA^DGIF-Time-of-Year-Restrictions- gov/wp-content/uploads/VDGIF-Time-of-Year-Restrictions- Table.pdf)Table.pdf)

Enclosure 6 - Federally-Designated Critical Habitat for Mussels in Virginia Map ofofFederally-Designated Federally-Designated Critical Habitat in Virginia (http://fws.mans.arcgis.corn/appsNiewer/index.html?annid=f6e84e675ba1461b8ae6a351adeal4(http://fws.mans.arcgis.com/appsNiewer/index.html?apnid=f6e84e675ba1461b8ae6a351adeal4(http://fws. maDs. arc2is. com/aDDsA^iewer/mdex. html?aDDid=f6e84e675bal461b8ae6a351adeal4 22)29) 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Wellman, JuliaJulia (DEQ)(DEQ)

From: Kirchen, Roger (DHR) (DHR) Sent: Tuesday, FebruaryFebruary 28,28, 2017 2017 1:45 1:45 PM PM To: Wellman, Julia Julia (DEQ) (DEQ) Subject: RE: NEWNEW PROJECTPROJECT FERC FERC Atlantic Atlantic Coast Coast Pipeline Pipeline DEQ 16-248F16-248F

It is DHR's intention intention toto consult directly with FERCpursuant pursuant tcto SectionSection 106 ofof thethe NationalMaiional Historic Historic Preservation Act. Act.

RogerRoger W. Kirchen,Kirchen, Director ReviewReview and Compliance Compliance DivisionDivision Division DepartmentDepartment of of Historic Historic Resources Resources 2801 Kensington Kensington Avenue Avenue Richmond,Richmond, VA 2322123221 phone: 804-482-6091 fax:fax:fax: 804-367-2391 804-367-2391 roger.kirchenpdhrvirginia.govroger.kirchenpdhrvirainia.aovroaer. kirchen@dhr. virginia. ciov

From: Wellman, Wellman, Julia Julia (DEQ) (DEQ) Sent: Tuesday, Tuesday, February February February 28,28, 28, 20172017 2017 11:5511:55 11:55 AM AM To: Kirchen, Kirchen, Roger Roger (DHR);(DHR); (DHR); Jordan, Jordan, ElizabethElizabeth Elizabeth (VDOT);(VDOT);(VDOT); Sterling,Sterling, Sterling, BruceBruce Bruce (VDEM); (VDEM); Flaherty, W. W. Steven Steven (VSP); (VSP); Mitchell, Mitchell, Jennifer (DRPT);(DRPT); [email protected]@htcnet.orgorg;; [email protected]@bathcountyva.org;; [email protected]@co.augusta.va. us;; [email protected]@nelsoncounty.org;; Carter,Carter, Rebecca Rebecca S.; S. ; [email protected]@cumberlandcounty.virginia.gov;; Bartlett,Bartlett, W.W. W. (Wade); Roark, Roark, Ron; [email protected]@embarqmail. com;; [email protected]@townofblackstoneva. com;; Massengill,Massengill, kevin k w; [email protected]@ci. emporia. va. us;; [email protected]@ci.waynesboro.va. us;; Woolridge,Woolridge, Charlette T.; T. ; [email protected]@farmvilleva.com;; [email protected]@greensvillecountyva.gov;; Johnson, Michael Michael W.W.;; [email protected]@cityofchesapeake.netnet;; [email protected] [email protected];; [email protected]@franklinva. com;; Riedesel,Riedesel, BonnieBonnie S.;S. ; [email protected]@tjpdc. org;; [email protected]@virginiasheartland. org;; [email protected]@hrpdcva. gov;; [email protected]@hrpdcva. gov;; [email protected]@southsidepdc. org;; Ware,Ware, Tim; Tim; Deem, Deem, Angel Angel N. N. (VDOT) (VDOT) Cc: Sullivan, Bettina (DEQ)(DEQ) Subject: RE: RE: NEW NEW PROJECT PROJECT FERC FERC Atlantic AtlanticAtlantic Coast CoastCoast PipelinePipeline DEQ 16-248F

Please note note that that comments comments onon the the above-referenced above-referenced projectproject werewere due due on on February February 23.23. If If you you planplan to comment, please emailemail the comments to me byby close of business today.

From: Wellman, Julia (DEQ)(DEQ) Sent: Tuesday, January 03,03, 20172017 3:57 3:57 PM PM To: dgif-ESS Projects (DGIF); (DGIF); Tignor, Keith Keith (VDACS); (VDACS); Rhur, Robbie (DCR); odwreview (VDH);(VDH); Kirchen, Roger (DHR); (DHR); Spears, David David (DMME); (DMME); Evans, Gregory (DOF); Watkinson, Tony (MRC);(MRC); Owen, RandyRandy (MRC);(MRC); Cromwell, JamesJames R.R. (VDOT); Jordan,Jordan, Elizabeth Elizabeth (VDOT);(VDOT); Denny, S. S. Scott Scott (DOAV);(DOAV); (DOAV); Harrington,Harrington, Rusty Rusty N.N. N. (DOAV); (DOAV);(DOAV); [email protected];impactreviewOvofonline.orq;ora; Sterling, Bruce Bruce (VDEM); (VDEM); Flaherty, W. StevenSteven (VSP); (VSP); Mitchell, Mitchell, Jennifer (DRPT);(DRPT); Fowler, Fowler, Keith Keith (DEQ); (DEQ); Winter, Winter, Kyle Kyle (DEQ); (DEQ); Weyland, Janet (DEQ);(DEQ); Weld, Weld, Robert Robert (DEQ); (DEQ); Hill, Hill, JasonJason (DEQ); (DEQ); Jones, Emma Emma (DEQ); (DEQ); Ballou, Ballou, Thomas (DEQ); (DEQ); Breeding, Robert (DEQ); (DEQ); Cario, Carlo, Anthony (DEQ); Cunningham, Frederick Frederick (DEQ);(DEQ); Dacey, Dacey, Katy Katy (DEQ); (DEQ); Davis, Davis, Dave Dave (DEQ); (DEQ); Hardwick, Hardwick, Steven (DEQ); (DEQ); Isenberg, Isenberg, William William (DEQ); (DEQ); Kleiner, Kleiner, Joseph (DEQ); (DEQ); Kudlas, Kudlas, Scott Scott (DEQ); (DEQ); Lackey, Lackey, Kari Kari (DEQ); (DEQ); Leach, Benjamin (DEQ); Maynard, Joel (DEQ); (DEQ); Mckercher, Mckercher, Elizabeth Elizabeth (DEQ); (DEQ); Mueller, Mueller, Sandra Sandra (DEQ); (DEQ); OMalley, OMalley, Nina Nina (DEQ); (DEQ); Quinn, Meghann (DEQ); Schul, Hannah (DEQ); Thompson, Tamera (DEQ); (DEQ); White, White, Bradley Bradley (DEQ); (DEQ); Zegler, Hannah Hannah (DEQ); (DEQ); Zahradka, NeilNell (DEQ); 'hcboard@htcnet.'[email protected]';'; '[email protected]'harrison@bathcountyva. org';'; '[email protected]'coadmin@co. augusta. va. us';'; '[email protected]@nelsoncounty.org'scarter@nelsoncounty. org';'; '[email protected]'bcarter@buckinghamcounty. virginia. gov';'; '[email protected]'vgiles@cumberlandcounty. virginia. gov';'; Bartlett,Bartlett, W. W. (Wade); Roark, Ron; '[email protected]'burkevillel@earthlink. net';'; '[email protected]'philipv@townofblackstoneva. com';'; Massengill,Massengill, kevin k w; '[email protected]'bthrower@ci. emporia. va. us';'; '[email protected]'citymanager@ci. waynesboro. va. us';'; Owen,Owen, StephenStephen F.; F. ; Woolridge,Woolridge, CharletteCharletteT.; T.; '[email protected]'[email protected]';'; '[email protected] '[email protected]';'; Johnson, Michael Michael W.; '[email protected]'thowlett@cityofchesapeake. net';'; '[email protected]';'lreed@suffolkva. us'; '[email protected]'rpace@franklinva. com';'; '[email protected]'bonnie@cspdc. org';'; '[email protected]'cboyles@tjpdc. org';'; '[email protected]'[email protected]';'; '[email protected]@hrpdcva.govi;[email protected] '[email protected]';'; [email protected]; '[email protected]';'; '[email protected] '[email protected]';'; Ware, Tim Tim 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

DIVISIONS ENERGY GAS AND OIL MINED LAND RECLAMATION MINERAL MINING GEOLOGY AND MINERAL RESOURCESRESOURCES MINES ADMINISTRATION

COMMONWEALTH OFOF VIRGINIA DepartmentDepartment of Mines, MineralsM. inerals and Energy Division of Geology and Mineral Resources Fontaine Research Park 900 Natural Resources Drive, Suite 500 Charlottesville, Virginia 22903 (434) 951-6341 www.dmme.virginia.govwww.dmme.virginia.gov February 22, 2017

Julia Wellman Environmental Impact Review Coordinator Department of Environmental Quality 629 E Main Street Richmond, VA 23219

Dear Julia, The Department of Mines, Minerals and Energy DMME) has reviewed the Draft Environmental Impact Statement for the Atlantic Coast Pipeline and has the following comments:

Bedrock and Surficial Geology The applicantapplicant recognizes thatthat karst, landslides,landslides, seismicity, andand acid formingforming soil areare potentialpotential geologic hazardshazards in the projectproject area. TheThe portions portions ofof the the route route andand the geologicgeologic formationsformations that are identified in the report as being at a higher risk forfor thesethese hazards appear to coincide with available geologic data reviewed byby DMME.DMME. OurOur staff staff agrees agrees thatthat these these areare the the most most important important geologicgeologic conditions associated withwith thisthis project and believes that having hazard-specific plansplans in place as proposed will help mitigate impacts related to these conditions.

The applicant hashas relied on the statestate geologicgeologic map at 1:500,000-scale1:500,000-scale toto a large extent for the geological analysis of this project, and larger scale maps are not discussed in the geologygeology sectionsection of the report. ThereThere is is a a considerable considerable amountamount ofof 1:24,000-scale 1:24, 000-scale geologicgeologic mappingmapping availableavailable along the proposedproposed route inin Virginia,Virginia, including:including: Deerfield,Deerfield, Craigsville, Craigsville, ElliottElliott Knob,Knob, Stokesville, Stokesville, Churchville, Greenville, Stuarts Draft, WaynesboroWaynesboro West,West, Sherando,Sherando, HowardsvilleHowardsville (draft),(draft), Andersonville, WillisWillis Mountain, Farmville (drafit),(draft), Windsor, Chuckatuck, BowersBowers Hill, andand Norfolk South 7.5-minute7. 5-minute quadrangles.quadrangles. MostMost ofof these these mapsmaps showshow bedrockbedrock geologygeology andand surficialsurficial geology toto lesserlesser oror greatergreater extent,extent, andand would would bebe helpful helpful in in understanding understanding locallocal geologicgeologic conditions and minimizmgminimizing impactsimpacts duringduring thethe project.project. TheThe publishedpublished 1:100,000-scalel:100, 000-scale map of the Staunton 30- x 60-minute60-minute quadrangle would also be helpfulhelpful inin assessingassessing karstkarst andand acid-forming acid-forming soil potential in the western part of the VirginiaVirginia projectproject areaarea wherewhere more detaileddetailed mapping is not available. InIn addition, addition, thethe U.S. U. S. Geological Geological SurveySurvey (Carter(Carter andand others,others, 2016)2016) has aa geologicgeologic map database available for the Blue Ridge Parkway that maymaybe be useful for that portion of the project.

EQUAL OPPORTUNITY EMPLOYER TDD (800) 828-1120 ---- Virginia Relay Center 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

The geologic description of the area near Wintergreen (157.8 (157.8 to 158.7)158.7) where sub-surface sub-surface drilling is proposed agrees with publishedpublished mapping.mapping. ThereThere areare twotwo mappedmapped faults that cross in thisthis area,area, including aa fault that separates basementbasement andand covercover rocks.rocks. BothBoth structuresstructures are inferredinferred to be Paleozoic in age, but couldcould result inin moremore complicatedcomplicated sub-surfacesub-surface conditionsconditions inin thethe area to be drilled.

Mineral Resources The applicant correctly identifies two active non-fuel mineral resource facilities in the project area yet states that no active mineral resource facilities are crossed by the ACP.ACP. DMME'sDMME's records records show show two sand and gravel sites in Southampton County within a quarter mile of the ACP: a) Milepost 31.8:31. 8: HunterHunter DardenDarden IIIIII Pit Pit (DMME(DMME PermitPermit #13792AA) b) Milepost 12.2:12. 2: Rogers Quarter Pit (DMME Permit # 13772AA),13772AA), which has permitted acreageacreage in VA but influenced area is in NC.

The applicant does not identify twenty abandoned non-fuel mineral resource sites within a quarter mile of the proposed route of the ACP, including: 77 carbonatecarbonate (limestone (limestone or or dolostone) sites,sites, 33 manganese prospects, 4 clay sample sites, 5 sand and gravel pits, and 11 sandstone prospect.

The proposal fails to identify abandoned mine sites near the proposed ACP route and unmined but documented prospects within the ACP route in the significant Andersonville Mining District (high-grade zones of base metal sulfides) inin BuckinghamBuckingham County,County, VA.VA. ).

The applicant does not identify one abandoned fuel mineral resource within a quarter mile of the proposed route of the ACP, a coal mine adit near Farmville, VA.

MineIVIine Subsidence The applicant's proposalproposal includesincludes aa thorough discussiondiscussion ofof mine mine subsidencesubsidence with an appropriate focus on subsurface coal mines. TheThe potential potential for for subsidence subsidence ofof otherother mineral mineral resource sites sites within Virginia is not identified. TheThe two two areas areas of of possible possible impactimpact beingbeing the the aforementioned aforementioned coalcoal aditadit near Farmville and abandoned pits and shafts in the Andersonville Mining District between mileposts 200-210.

Acid Producing Rock and Soils The applicant correctly identifies several rock units in Virginia as formations that have the potential to generate acid drainage during construction and demonstrates a good understanding of the impact of acid- producing materials in pipeline construction. However, the applicant does not identify the significant potential for encountering acid-producing minerals suchsuch as pyrite in the Andersonville Mining District in Buckingham County, through which the proposed route directly passes.

Seismic Related Hazards The applicantapplicant recognizes thatthat portionportion ofof the project area is inin anan area area of of increased increased earthquake earthquake frequency thatthat corresponds withwith the the southwesternsouthwestern part part of of the the Central Central Virginia Virginia Seismic Seismic Zone. Zone. A review of ourour databasedatabase indicates indicates thatthat approximately approximately 2525 historichistoric earthquakeearthquake epicentersepicenters have been recorded withinwithin 10 km or thethe proposedproposed centerline.centerline. TheThe highest highest estimated estimated magnitude magnitude ofof thesethese events is 4.34. 3 and the highest reported intensity was VI. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

The applicant states that the 20112011 Mineral,Mineral, Virginia earthquakeearthquake had a maximum intensity of VII,VII, but some workers (including DMME staff; see Heller and Carter, 2015) have assigned a maximum intensity of VIII to this event.

Karst Terrain, Landslides, Slope Stability, and Steep Slopes The applicant's identificationidentification ofofkarst karst hazards and proposed mitigation measures as described in the Karst Mitigation Plan appear adequate.

Debris flows are mentioned in the landslide section of the report as a potential hazard, but it was not clear in the draftdraft EISEIS ifif potentialpotential debrisdebris flow runout zones, which may be in areas where the slope is notnot steep,steep, areare being being considered considered asas potentialpotential landslidelandslide hazards. DMMEDMME reviewedreviewed aa referenced reportreport (Geosyntec, 2016) completed for this project and it does appear that debris-flow potential was considered asas a factor in assessing "hydrotechnical" hazards.hazards. ThisThis assessment assessment was ongoing at the time that the reportreport waswas written.written. Coarse,Coarse, unconsolidated unconsolidated colluviumcolluvium consistingconsisting of large blocks of loose material may pose an additional challenge in areas of steep slopes.

Paleontological Resources The applicant identifies the possibility of encountering Paleozoic and Mesozoic fossils but provides no discussion of the possibility of discovering Tertiary or QuaternaryQuatemary vertebrate and plant fossils in unconsolidated (non-bedrock) depositsdeposits westwest ofof thethe BlueBlue RidgeRidge inin Virginia.Virginia. Such sites exist in the Valley and Ridge province at Saltville, Virginia and the Gray Site in Tennessee, and have the potential for being discovered during the course of land excavation. The final EIS should contain a Plan for Discovery of Unanticipated Paleontological Resources that would consider the potential for encountering such fossils and include steps for their preservation.

Please let me know if you need additional information from DMME.

Sincerely, <2b

David B. Spears State Geologist and Director Division of Geology and Mineral Resources

20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

COMMONWEALTHCOMMIO NWEALTH ofof VIVI (UINTAGIN1A Randall P.P. BurcleneBurdetteBurdene DepartmentDepartment of Aviation V/TDDVH-DD. •• (804)(804) 236-3624 236-3624 Executive Director FAXFAX'(804) • • (804) (804) 236.3635236.236.3635 3635 5702 Gulf:streamGulfstreamGultstream RoadRoad Richmond, Virginia 23250-2422 ISOISO 90019001;20089001:2008 2008 Certified 1S-BAOJS-BAOIS-BAO RegisteredRegistered January 16,16, 20172017

Ms. JuliaJulia WellmanWellman EnvironmentalEnvironmental Impact Impact Review Review Coordinator Coordinator Coordinator Department of ofof Environmental Environmental Quality Quality 629 E.E. Main Street StreetStreet Richmond,Richmond, Virginia Virginia 23219 2321923219

RE: FERC Atlantic AtlanticAtlantic CoastCoast Coast Pipeline, Pipeline,Pipeline, DEQ DEQDEQ 16-248F 16-248F

DearDearMs. Ms. Wellman:Wellman:

The Virginia Department DepartmentDepartment of ofAviation Aviation has hashas reviewed reviewed the theDraft Draft Draft EIS receivedEIS receivedreceived in your in yourJanuaryyour JanuaryJanuary 3, 2017 3, e-mail.2017 e-mail. The project project sponsor sponsorsponsor should should note note that that a 7460a a 74607460 form form must must be submitted be submitted to the to to Federal the the Federal Federal Aviation Aviation Aviation Administration for forfor any anyany portionportion portion of the ofof the proposedthe proposedproposed project projectproject that is thatthat proposed is proposedproposed to be constructed to be constructed within 20,000 within within 20,000 20,000 linearlinear feet feetfeet of of a a public-use public-use or or military military airport. airport.airport. The The 7460 7460 form formform is submitted isis submittedsubmitted in order in orderto determine to determine the the potential impacts impacts to toto the thethe airport airport and and determine determine if the if proposed thethe proposed project project constitutes constitutes a hazard a hazardto air to air navigation.

Additionally the the the Department Department Department recommends recommendsrecommends the theprojectthe projectproject sponsor sponsorsponsor coordinate coordinatecoordinate the proposed the proposed project projectwith any with any private airfield airfield land landland owner ownerowner thatthat that may maymay be impactedbebe impactedimpacted by the byby proposedthe the proposedproposed project projectproject route. route.route.

IfIf you you have havehave any any any questions questions questions regarding regardingregarding this this this matter, matter,matter, please please contact contact me atme (804) at (804) (804) 236-3638. 236-3638.

Sincerely, ^ ,-

/^M'^^^;.& S. Scott Denny Denny /' Senior Aviation Aviation Aviation Planrier Planner Plar4er/' Virginia DepartmenfofDepartmentDepartment"- 61Aviation Aviation

09.61.'414

100100 DOAVAS DOAVAS20170112 20170112 DEQ DEQ,DM Project Project Project Itft 4 16-248F 16-248F 16-248F AtlanticAtlantic Coast Coast PP(c- okettettllettwletter.

ov 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Wellman, JuliaJuliaJulia (DEQ) (DEQ)(DEQ)

From: Denny, S.S. ScottScott (DOAV) (DOAV) Sent: Friday, FebruaryFebruary 03, 03, 2017 2017 8:58 8:58 AM AM To: Wellman, Julia Julia (DEQ) (DEQ)(DEQ) Subject: RE: DEQDEQ 16-248F: 16-248F: Atlantic AtlanticAtlantic Coast Coast Coast Pipeline Pipeline Pipeline New New New Supplemental Supplemental Supplemental Information Information Information

Julia:

The Department has has reviewed reviewed thethe the supplementalsupplemental supplemental information information provided.provided. provided. StaffStaff Staffhas has no no has changes changes no changes toto our originalto our original comments. Please Please let let usus us know know if anyif any additional additional revisions revisions or supplemental or supplemental information information becomesbecomes becomes available. available. ThankThank you. Thank you.

S. ScottScott DennyDenny Senior AviationAviation PlannerPlanner Planner Virginia Department Department of of Aviation Aviation

From: Wellman, Wellman,Wellman, Julia JuliaJulia (DEQ) (DEQ) Sent: Wednesday,Wednesday, Wednesday, February FebruaryFebruary 01, 01, 2017 2017 3:20 3:20 PM PMPM To: dgif-ESSdgif-ESS dgif-ESS Projects ProjectsProjects (DGIF); (DGIF); Tignor, Tignor, Keith KeithKeith (VDACS); (VDACS); Rhur, Rhur, Robbie Robbie (DCR); (DCR);(DCR); odwreview odwreview (VDH); (VDH); Kirchen, Kirchen, Kirchen, Roger Roger (DHR); (DHR); Spears, David David (DMME); (DMME); Evans, Evans, Evans, Gregory Gregory (DOF); (DOF);(DOF); Watkinson, Watkinson, Tony Tony (MRC); (MRC); Owen, Owen,Owen, Randy Randy Randy (MRC); (MRC); (MRC); Cromwell, Cromwell, Cromwell, James James James R. R. (VDOT); Jordan, Jordan, Elizabeth Elizabeth Elizabeth (VDOT); (VDOT); Denny, Denny, Denny, S. S. S.Scott ScottScott (DOAV); (DOAV); (DOAV); Harrington, Harrington, Harrington, Rusty RustyRusty N. (DOAV); N. (DOAV); [email protected]@vofonline.org;; Sterling, BruceBruce (VDEM); (VDEM);(VDEM); Flaherty, Flaherty, W. W. Steven StevenSteven (VSP); (VSP);(VSP); Mitchell, Mitchell,Mitchell, Jennifer JenniferJennifer (DRPT); (DRPT); [email protected] [email protected]@htcnet. org;; Harrison,Harrison, Ashton; Ashton;Ashton; [email protected]@co. augusta. va. us;; [email protected]@nelsoncounty. org;; Carter,Carter, Rebecca RebeccaRebecca S.; S.;S. [email protected]; [email protected]@icumberlandcounty. virginia. gov;; Bartlett, W. W.W. W. W. W. (Wade); (Wade); (Wade); Roark, Roark, Roark, Ron; Ron; Ron; [email protected] [email protected] burkevillel@embarqmail. com;; [email protected]@townofblackstoneva. com;; Massengill,Massengill, kevin kevinkevin k k w; [email protected]@ci.emoria.va.usbthrower@ci. emporia. va. us;; [email protected]@ci. waynesboro. va. us;; Owen,Owen, Stephen StephenStephen F.; F.;F. ;Woolridge, Woolridge,Woolridge, Charlette Charlette T.; T.; [email protected]@farmvilleva. com;; [email protected]@greensvillecountyva. gov;; Johnson,Johnson, Michael Michael W.; W.W.; [email protected]; [email protected]@cityofchesapeake. net;; [email protected];[email protected]; [email protected] [email protected]@franklinva.com;; Riedesel, Riedesel, BonnieBonnie Bonnie S.; S.;S. [email protected]; [email protected]@itjpdc.org;; [email protected] [email protected];; [email protected]@)hrpdcva.gov;; [email protected] [email protected];; [email protected]; gmoody(a)southsidepdc.org; Ware, Ware,Ware, Tim Tim Cc: Sullivan, Sullivan,Sullivan, Bettina Bettina (DEQ) (DEQ) Subject: DEQ DEQ DEQ 16-248F: 16-248F: 16-248F: Atlantic Atlantic Atlantic Coast Coast Coast Pipeline Pipeline Pipeline New NewNew Supplemental Supplemental Supplemental Information Information

DominionDominion hashas has submitted submitted supplemental supplemental informationinformation information on the on following the following topics topics to the FederalFederalto the Federal Energy Energy RegulatoryRegulatory Commission:Commission: Commission:

•. Supplemental Information InformationInformation — - — JanuaryJanuary January 27, 27, 2017 2017 •. Appendix A AA —- —Cochran's Cochran's Cochran's CaveCave Cave ConservationConservation Conservation AreaArea Area Investigation Investigation Update Update •. Appendix B BB —- —Karst Karst Karst Terrain Terrain Terrain Assessment, Assessment, Assessment, Construction,Construction, Construction, Monitoring Monitoring and Mitigation and Mitigation Plan Plan •. Appendix C CC —- — Second Second Second DraftDraft Draft of of ofthethe the Construction,Construction, Construction, Operations,Operations, Operations, andand Maintenanceand Maintenance Plan Plan •. Appendix D DD — -— UpdatedUpdated Updated DraftDraft Draft BiologicalBiological Biological Assessment Assessment •. Appendix E EE — -— UpdateUpdate Update toto to thethe the MigratoryMigratory Migratory Bird Bird Plan Plan •. Appendix F FF —- — Wetland Wetland Wetland andand and WaterbodyWaterbody Waterbody Delineation Delineation Reports Reports •. Appendix G GG — -— Archaeological Archaeological Archaeological SiteSite Site TestingTesting Testing Reports Reports •. Appendix H HH — -— AgencyAgency Agency CorrespondenceCorrespondence Correspondence for for the the AtlanticAtlantic Atlantic Coast Coast Coast Pipeline Pipeline Pipeline — - Public — Public •. Appendix II —- Agency CorrespondenceCorrespondence for for for the the the Atlantic Atlantic Atlantic Coast Coast Coast Pipeline Pipeline Pipeline — - Privileged — Privileged •. Appendix J JJ —- — AgencyAgency Agency CorrespondenceCorrespondence Correspondence for for the the SupplySupply Supply HeaderHeader Header Project Project Project — - Public — Public

The documents areare are available available on on the the FERC FERC docket docket at at http://elibrary.FERC.gov/idmws/filehttD://elibrarv.FERC.aov/idmws/file list.asp?accessionlist. asp?accession num=20170127-5202.num=20170127-5202. num=20170127-5202.

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Bettina K. Ring State Forester COMMSCOMMONWEALTH NWEALTH of VIRGINIA Department of Forestry 900 Natural Resources Drive, Suite 800 •. Charlottesville, Virginia 22903 (434)(434) 977-6555 • . Fax: (434) 296-2369 •. www.www.dofvirginia.govdof.virginia.gov

February 23,23, 2017

Memorandum for: Julia Wellman, Environmental Impact Review Office, Department of Environmental Quality

From: Greg Evans, Mitigation Program Manager Manager /'

Subject: Virginia DepartmentDepartment of ForestryForestry Comments Pertaining to the Federal EnergyEnergy Regulatory Commission's (FERC)CFERC) AtlanticAtlantic Coast PipelinePipeline (ACP)(ACP) DraftDraftDraft Environmental Impact Impact (DEIS)(DEIS) [DEIS) FindingsFindings andand RecommendationsRecommendations

BACKGROUND

The Virginia DepartmentDepartment of Forestry (VDOF) appreciatesappreciates the opportunity opportunity to provide comments pertaining pertaining to thethe aboveabove subject subjectsubject project projectproject asas a a participating participating agencyagency in in the thethe Virginia VirginiaVirginia Department Department of of EnvironmentalEnvironmental Environmental Quality's EnvironmentalEnvironmental Impact ReviewReview Process.Process. VDOF isis chargedchargedcharged withwith conservingconserving thethe Commonwealth's forest forest resources resources for for the the use use andand enjoyment enjoyment of of currentcurrent and future generations of Virginia citizens andand its its recommendations recommendationsrecommendations to thethethe Federal FederalFederal Energy Energy Regulatory Regulatory CommissionCommission (FERC)(FERC) reflect reflect that that charge. VDOFVDOF isis is responsibleresponsible responsible for forfor assuringassuring assuring that thatthat Virginia'sVirginia's Virginia's forest forest resources resources areare managed managed inin aa sustainablesustainable manner soso theythey remainremain viableviable asas healthy healthy ecosystems.ecosystems. KeyKey elementselements ofof its its mission mission include:include: include: improving improving forest health,health, sustaining an adequate supply of raw materials for Virginia's forest forest products products industry,industry, andand protecting water quality and water supply sources while providing recreational opportunities to the public. Land conversion activities that impact the forest landscape impact these values.

VDOF protectsprotects Virginia's 15.815. 8 millionmillion acresacres ofof forest forestforest land landland from fromfrom degradation degradationdegradation due to landland useuse practices, practices, fire, insectsinsects and and disease. disease. It ItIt managesmanages manages statestate state landslands lands totalingtotaling totaling overover over 70,00070,000 70,000 acres acres acres for for for timber,timber, timber, recreation,recreation, recreation, water, water,water, research, wildlife andand biodiversity biodiversity andand provides provides assistanceassistance toto non-industrialnon-industrial privateprivate forestforest landowners landowners through professional forestry forestry advice and technical management programs.

VDOF supportssupports the VirginiaVirginia DepartmentDepartment of EnvironmentalEnvironmental Quality (VDEQ) asas aa participatingparticipatingparticipating statestate agency inin thethethe VDEQ VDEQ environmentalenvironmental environmental impactimpact reviewreview (EIR)(EIR) process.process. TheThe VDOF'sVDOF's responsibility responsibility inin evaluating proposed projects brought beforebefore regulatory bodiesbodies is to identifyidentity thethe forestforest resourcesresources thatthat may be impacted;impacted; provideprovide assessments;assessments; andand provide provide recommendations recommendations and commentscomments pertaining to forestforest health, conservation, management and mitigation needs aimed at conserving Virginia'sVirginia's forest resources in keeping with statestate executiveexecutive policy and/orand/or asas part part of of the the federal federal consistency consistency determination/certification determination/certification process. TheThe VDOF VDOF does does not not represent represent or or advocate advocate for for private private landowners, landowners, or or developers developers before before governmental bodies that approve, permit, license, or construct projects.

Virginia has been losing approximately 16,00016, 000 acres acres ofofforestlandof forestlandforestland annually based on a 10 year average of Forest InventoryInventory Analysis (FIA)(FIA) data. UrbanizationUrbanization andand long, long, linearlinear infrastructure infrastructure projectproject developmentdevelopment represent the two biggest factors in the loss of this forestlandforestland acreage. The ACP qualifies as a long,long, linearlinear

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infrastructureinfrastmcture projectproject havinghaving aa landscape levellevel impact for whichwhich aa comprehensivecomprehensive mitigation plan isis needed.

VDOF will collaborate with VDEQ and Virginia's otherother naturalnatural resourceresource agencies working in association with FERC and other federal agencies suchsuch asas USFSUSFS andand USFWSUSFWS toto mitigatemitigate thisthis loss.loss. Our goal is to use a mitigationmitigation planplan toto minimize minimize impacts impacts and/orand/or compensate compensate forfor unavoidableunavoidable disturbances or impacts to forests of the Commonwealth.

In designingdesigning andand implementing implementing a mitigationmitigation program, Virginia adheres to CEQCEQ NEPA guidelines guidelines (40(40 Code of Federal Federal RegulationsRegulations (CFR)(CFR) 1508.20).1508. 20). These establishestablish fourfour classesclasses ofof mitigation: mitigation: preservation,preservation, avoidance, restoration/afforestation, and and enhancement/creation. enhancement/creation. TheThe intentintent isis to generallygenerally avoid forestforest conversion through planning, restoration of the forest resource, creating new forests, and/or providing an in-lieu of payment with the funding used to carry out a mitigation response to compensate for unavoidable forest loss. Understanding whatwhat thethe forestforest lossloss willwill be therefore, and how and where itit will occur if the preferred route is followed, and what mitigation is planned is very important.

DOF RESPONSE AND REQUESTS PERTAINING PERTAINING TO INDIVIDUAL FERC FINDINGS

1.1. DOFDOF concurs concurs with with the the following following FERC FERC findings findings and and recommendations recommendations noted in SectionSection 5.15.1 CONCLUSIONS OF THE ENVIRONMENTAL ANALYSIS

5.1.45. 1. 4 Vegetation Impacts on vegetation from ACP and SHP would range from short-term to permanent due to the varied amount of timetime requiredrequired to reestablishreestablish certain community types, types, as as wellwell as thethe maintenance of herbaceous and shrub vegetation within the permanentpermanent right-of-way and the conversion of abovegroundaboveground facility locations and new permanent access roads to non-vegetatednon-vegetated areas.

Construction ofof ACP and SHPSHP wouldwould affectaffect aboutabout 7,490 7,490 acres acres of of vegetation, vegetation, includingincluding aboutabout 6,1036, 103 acresacres of of upland upland forest forest vegetation vegetation (deciduous, (deciduous, coniferous, and mixed). Operation ofofACP ACP and SHPSHP wouldwould affectaffect aboutabout 4,2084,208 acresacres ofof vegetation, vegetation, includingincluding about 3,4243,424 acres ofof upland upland forest vegetation (deciduous, coniferous, and mixed).

ACP and SHPSHP wouldwould alsoalso impactimpact vegetationvegetation communities of special concern, including areas of red sprucespruce forestforest ofof West West Virginia Virginia and and Virginia; Virginia; longleaf longleaf pine forestforest andand peatland peatland pocosinpocosin andand canebrake communities of North Carolina; 1313 VirginiaVirginia Natural Natural HeritageHeritage ConservationConservation Sites; 2 Virginia SCUs; and 13 13 North Carolina NHNAs.

DOF alsoalso supportssupports thethe FERCFERC staff's staffs recommendationrecommendation recommendation that thatthat the the ACP ACP partnership partnership sponsors sponsors continue to consult with thethe VirginiaVirginia Department Department of of Conservation Conservation (VDCR)(VDCR) and Recreation on thethe project'sproject's proposedproposed avoidanceavoidance andand minimizationminimization measuresmeasures atat thethe Handsom-Gum, Handsom-Gum, Branchville, and Emporia Powerline Bog Conservation Sites, and file correspondencecorrespondence from the VDCRVDCR demonstrating demonstrating concurrenceconcurrence and/orand/or additionaladditional recommendationsrecommendations from thethe VDCR.

DOF further agrees with and supports FERC's findings that: •. The greatestgreatest impact on vegetationvegetation wouldwould bebe on forestedforested vegetation duedue toto the removalremoval ofof approximately 6,8006,6,800800 acresacres of forestedforested vegetationvegetation (includes 3,8003, 800 acresacres ofof permanent permanent impacts),impacts), fragmentation of interior interior forestforest blocks,blocks, andand contributioncontribution toto the introductionintroduction and/or spread of invasive species. •. Construction in forest lands would remove the tree canopy over the width of the construction right-of- way, which would change the structure and local setting of the forest area.

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•. The regrowth of trees in the temporary workspaces would take years and possibly decades. Moreover, the forestforest landland on thethe permanentpermanent right-of-wayright-of-way would be affectedaffected byby ongoingongoing vegetationvegetation maintenancemaintenance during operations, which would preclude the re-establishment of trees on the right-of-way. •. Construction of the proposed pipeline facilities would have a long-term to permanent impact on forest vegetation communities within the construction right-of-way. Maintenance activities would result inin permanent conversion ofof some areas of existingexisting upland forested vegetation to herbaceous or scrub- shrub vegetation.

VDOF agrees with FERC's findings that ACP and SHPSHP wouldwould alsoalso contributecontribute toto forestforest fragmentation however because forestforest fragmentationfragmentation wouldwould occuroccur on such a large,large, landscapelandscape scale, DOF, asas thethe Virginia Virginia statestate agency agency having having forest forest management management responsibilitiesresponsibilities for thethe Commonwealth's forests, affirms that even though the projects are collocated for 14 percent of their routesroutes alongalong existingexisting rights-of-wayrights-of-way and inin areasareas prescriptivelyprescriptively alteredaltered byby harvestingharvesting practices as noted by FERC, the fragmentation impact is still extensive and needs to be further mitigated.

VDOF further requests that the FERCFERC staffstaff recommendation recommendation that thethe ACPACP Restoration Restoration andand Rehabilitation Plan be revisedrevised to incorporateincorporate WVDOF recommendedrecommended mitigationmitigation measures and seed mixes be extended as well toto VirginiaVirginia and thatthat thethe ACPACP sponsors sponsors bebe asked asked to to incorporateincorporate VDOF recommended measuresmeasures where appropriate.

5.1.55. 1. 5 Wildlife FERC concludes that ACP and SHPSHP would would impact impact wildlifewildlife speciesspecies and their their habitats. habitats. ConstructionConstruction of ACP and SHP facilities would affect about 7,4907,490 acres of wildlife habitat. Of this, about 3,4243,424 acres of upland forested habitat and 416 acresacres ofof woody woody wetland wetland habitathabitat would would bebe permanently permanently convertedconverted andand maintained in an early successional stage by mowing and periodic tree removal during operations.

VDOF defers to the Virginia Department of Game and Inland Fisheries with regard to whether the FERCFERC staff conclusionconclusion thatthat cutting,cutting, clearing,clearing, and/orand/or removalremoval ofof existing existing vegetationvegetation within the construction work area could also adversely impact wildlife but only on a short-term basis. However, it can concur with the FERC conclusion that the re-establishment of forested habitats is a long-term problem that could taketake decades to happen.

FERC further concludes that the primaryprimary impact from construction and operation would be on forested forested habitats crossed by ACP andand SHP,SHP, including including thethe removal removal ofof approximately approximately 6,8006, 800 acresacres ofof forested forested vegetation (includes 3,3,800800 acres of permanentpermanent impacts),impacts), fragmentation ofof interior forest blocks (see(see section 4.5.64. 5. 6 of thethe FERCFERC comments),comments), andand contributioncontribution to thethe introductionintroduction and/orand/or spreadspread ofof invasive invasive species. Fragmentation of forested habitat wouldwould makemake thethe right-of-way right-of-way permanentlypermanently unsuitableunsuitable for interior forest species, but may create new habitat for species that prefer ecological edges.

The FERC report also notes that several state and federal agencies expressed concerns regarding forest fragmentation andand thethe impacts on interiorinterior forestforest andand theirtheir associatedassociated wildlifewildlife species.species. FERCFERC findingsfindings conclude the following: •. Assuming thatthat 31.0 31. 0 milesmiles of of interior interior forest forest habitat habitat would would bebe impacted, impacted, therethere couldcould bebe indirect indirect impacts on about 2,2552,255 acres of interior forest. •. Although thethe creation ofof edge habitat could favor some species,species, itit could also increase thethe risk of establishment of invasiveinvasive species,species, modifymodify microclimate,microclimate, change vegetation speciesspecies composition,composition, or increase risk of nest parasitism. •. While impacts on species inhabiting interior forest blocks 35 acres or greatergreater were were analyzed, analyzed, otherother species have minimum interior forest patch areas greater than 35 acres.

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These findings led FERC staff to make the following recommendations which VDOF concurs with:

•. [Although][Although] Atlantic and DT1DTI would attempt to minimize these impacts through the implementation of their construction and restorationrestoration plans,plans, inin additionaddition toto ourour recommendations;recommendations; ...... due to the length of time required to recover forested habitat, these impacts would be considered long-term to permanent. •. We have recommended that Atlantic [ACP] and DTI file submit a revised fragmentation analysis that is based onon WestWest VirginiaVirginia statestate forestforest fragmentationfragmentation data produced by the NRAC at WestWest VirginiaVirginia University, VDCR VaNLA project,project, and data setssets recommendedrecommended from consultations with the FS,FS, NCWRC, and NCDEQ. •. We have alsoalso recommendedrecommended thatthat edge habitat be consideredconsidered a 300-foot300-foot forestedforested buffer from aa corridor/disturbance with interior forest starting at the point beyond the 300-foot edge buffer; and that Atlantic [ACP] and DTI discuss how the creation of forest edge or fragmentation would affect habitat and wildlife,wildlife, includingincluding potential impacts on federallyfederally listedlisted threatenedthreatened and endangeredendangered speciesspecies and migratory birds, and the measures that would be implemented to avoid, minimize, or mitigate impacts on interior/core forest habitat.

VDOF strongly endorses these recommendations.recommendations. TheThe impact of forest fragmentationfragmentation on its forest resourcesresources is aa majormajor concernconcern toto the the Commonwealth Commonwealth ofof Virginia. Virginia. ForestForest productsproducts represent Virginia's third largest industry and its forests are major contributors of recreational and ecosystem services. VDOF has beenbeen collaboratingcollaborating with its sistersister naturalnatural resourceresource agenciesagencies in usingusing thethe VDCRVDCR VaNLAVaNLA methodologymethodology toto assessassess andand quantifyquantify thethe impactimpact ofof fragmentation fragmentation across the entire proposed ACPACP route. ThisThis methodology methodology isis beingbeing sharedshared withwith thethe adjacentadjacent state natural resource agenciesagencies andand federalfederal agenciesagencies such such as as USFS, USFS, USFWS USFWS and and BLM. BLM. It isis very importantimportant to VirginiaVirginia thatthat the the ACP ACP fragmentation fragmentation analysis analysis incorporate incorporate thethe VaNLAVaNLA findings.

VDOF also requests that it be included for reporting purposes where appropriate and concurs concurs with the following FERC staff recommended recommended mitigation mitigation measures measures to bebe included included as as specific specific conditions conditions in in the Commission's OrderOrder ifif thethe CommissionCommission authorizes ACP and SHP as noted in Section 5.5.22 of the staff report. TheThe stated stated rationalerationale for for making making thesethese recommendations recommendations was was thethe staffsstaff'sstaffs belief belief that these "measures would furtherfurther mitigatemitigate the environmentalenvironmental impact associated with construction andand operation of the proposed ACP and SHP."SHP." VDOFVDOF hashas restrictedrestricted restricted itsits its commentscomments comments to to only only those those recommendationsrecommendations recommendations pertaining pertaining to non-Federal landslands inin Virginia unless otherwise noted.

1.1. Atlantic and DTI shall follow the constructionconstmction procedures and mitigation measures described in its application and supplements (including responses to staff data requests) and as identified in the EIS, unless modified by the Order. Atlantic and DTI must: a. request any modification toto these procedures, measures, oror conditions inin a filingfiling with thethe Secretary; b. justify each modification relative to site-specific conditions; c. explain how that modification provides an equal or greatergreater levellevel ofof environmental environmental protectionprotection than the original measure; and d. receive approval in writing from the Director ofofOEP OEP before using that modification.

2. TheThe DirectorDirector ofof OEPOEP hashas delegated delegated authorityauthority to taketake whateverwhatever stepssteps areare necessarynecessary to ensureensure thethe protection of all environmentalenvironmental resources during construction andand operationoperation ofof ACP and SHP.SHP. ThisThis authority shall allow: a. the modification of conditions of the Order; and b. the designdesign andand implementationimplementation ofof any any additional additional measuresmeasures deemeddeemed necessarynecessary (including(including stop-stop- work authority) to assure continued compliance with the intent of the environmental conditions as Page 4 of 10 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

well asasas the thethe avoidanceavoidance avoidance oror or mitigationmitigation mitigation ofof of adverseadverse adverse environmentalenvironmental environmental impact impactimpact resulting resultingresulting fromfromfrom project projectproject construction (and(and operation).

6. WithinWithin 60 60 daysdays days ofof of thethe the acceptanceacceptance acceptance ofof of thethe the CertificateCertificate Certificate andand and before before construction construction begins, Atlantic Atlantic and and DTI DTI shall filefile their their respective respective ImplementationImplementation PlansPlans withwith thethe SecretarySecretary forfor reviewreview andand writtenwritten approvalapproval by the Director ofofOEP. OEP. Atlantic and DTI must filefile revisions to their plans as schedules change. The plansplans shallshall identify: a. how Atlantic Atlantic andand DTI wouldwould implement implement thethe construction construction proceduresprocedures and mitigation measures described in itsits applicationapplication andand supplementssupplements (including(including responses toto staffstaff data datadata requests), requests), identifiedidentified inin the the EIS, EIS, and and required required by the Order; b. how Atlantic Atlantic andand DTI DTI would would incorporate incorporate thesethese requirements requirements into the contract bid documents, construction contractscontracts (especially(especially penalty clauses andand specifications),specifications), andandand construction construction drawings soso that the mitigationmitigation required atatat eacheach sitesite isis clearclear toto on-site on-site construction construction andand inspection personnel; personnel; c. the numbernumber ofof EIsEls assignedassigned perperper spreadspread andand howhow thethe company companycompany wouldwouldwould ensureensure thatthat sufficientsufficient personnel are available to implement the environmentalenvironmental mitigation; d. the number ofof company company personnel,personnel, includingincluding ElsEIsEls and contractors,contractors, whowho wouldwould receivereceive copiescopies of the the appropriate material; e. the locationlocation and dates of the the environmentalenvironmental compliance training and instructions Atlantic and DTI wouldwould givegive to toto all allall personnelpersonnel personnel involvedinvolved involved with with with construction construction construction and andand restorationrestoration restoration (initial(initial andand refresher training asas thethe projectsprojects progressprogress andand personnelpersonnel change),change), with the opportunityopportunity forfor OEP staff to participate in the training session(s);session(s); f. the company personnel (if known)known) andand specificspecific portionportionportion ofof Atlantic'sAtlantic'sAtlantic's andand DTI'sDTI's organizations organizationsorganizations having responsibility for compliance; g. the proceduresproceduresprocedures (including(including use useuse ofof contract contractcontract penalties) AtlanticAtlantic andand DTIDTIDTI wouldwould followfollow if noncompliance occurs; occurs; and h. for each discrete facility,facility, a Gantt or PERT chartchart (or(or similarsimilar projectproject schedulingscheduling diagram)diagram) andand dates for: i. the completion of all required surveys and reports; ii. the environmental compliance training of on-site personnel; iii. the start of construction; and iv. the start and completion of restoration.

7. Atlantic and DTI shall employ a team of EIsEls (i.e.,(i. e., two or more or as may be established by the Director of OEP) per construction constmction spread. The EI(s) shall be: a. responsible for monitoring and ensuring compliance with all mitigation measures required by the Order and other grants, permits, certificates, or other authorizing documents; b. responsible for evaluating the construction contractor's implementation implementation of the environmental environmental mitigation measuresmeasures required required in in thethe contract (see(see condition 66 above) and anyany otherother authorizing document; c. empowered to order correction of acts that violate the environmental conditions of the Order, and any other authorizing document; d. a full-time position, separate from all other activity inspectors; e. responsible forfor documentingdocumenting compliancecompliance withwith the thethe environmental environmental conditionsconditions ofof the thethe Order, Order, as well asas any any environmental environmentalenvironmental conditions/permitconditions/permit requirementsrequirements imposed by otherother federal, state,state, oror locallocal agencies;agencies; and and f. responsible for maintaining status reports.

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8. Beginning with the filing of the Implementation Implementation Plans, Atlantic and DTI shall each file updated status reports with the Secretary on a weekly basis until all construction and restoration activities are complete. On request, these status reports would also be provided to other federal and state agencies with permitting responsibilities. Status reports shall include: a. an update on Atlantic's andand DTI's DTI's efforts efforts to to obtain obtain the the necessary necessary federalfederal authorizations;authorizations; b. the constructionconstmction status of each spread,spread, work planned for the followingfollowing reporting period, and any schedule changes for stream stream crossings or work work in in otherother environmentally environmentally Sensitivepensitive pensitive areas; c. a listinglisting ofof all all problemsproblems encounteredencountered and eacheach instanceinstance of noncompliancenoncompliance observed byby thethe Els during the reportingreporting period (both for thethe conditionsconditions imposedimposed by thethe Commission Commission and anyany environmental conditions/permit requirements imposed by other federal, state, or local agencies); d. a description of the corrective actions implemented in response to all instances of noncompliance, and their cost; e. the effectiveness of all corrective actions implemented; f. a descriptiondescription ofof anyany landowner/resident landowner/resident complaintscomplaints thatthat maymay relate to compliancecompliance with thethe requirements of the Order, and the measures taken to satisfy their concerns; and g. copies of any any correspondence correspondence received byby AtlanticAtlantic and DTI from other federal, state, or locallocal permitting agencies concerning instances of of noncompliance, noncompliance, andand Atlantic's Atlantic's and DTI's DTI's responses

13.13. Atlantic shall not exercise eminent domain authority granted under section 7(h) of the NGANGA to acquire a permanentpermanent pipeline right-of-way exceeding 50 feet in width. In addition, where Atlantic has obtained aa larger permanentpermanent right-of-way width throughthrough landownerlandowner negotiations, routine vegetation mowing andand clearing over the permanent right-of-way shall not exceed 50 feet in width. (Section 2.2.1.1) 2.2. 1. 1)

20. Prior to the close of the draft EIS comment period, Atlantic shall file with the Secretary, the plans and typical drawings, as well as,as, site-specific site-specific designs designs of representative representative construction segments to display the magnitude of the proposed slope modifications (cuts and fills) for the MNF and GWNF as requested by the FS. (Sections 4.1.6.14. 1 . 6. 1 and 4.1.6.2)4. 1 . 6.2)

28. Prior to construction, Atlantic shall file with the Secretary and the WVDOF a revised Restoration and Rehabilitation Plan that incorporates recommended mitigation measures and seed mixes for Seneca State Forest basedbased onon consultationconsultation with with the the WVDOF.WVDOF. WVDOF. (Section (Section 4.4.2.1)4. 4.4.2.1)4. 2. 1) VDOF VDOF requests requests that that AtlanticAtlantic also be directed to consult with VDOF regarding recommended mitigation measures and seed measures for any forested areas that maymay be adjacent to or near VDOF state forest and/or easement properties.

35. Prior to construction, Atlantic shall filefile with the Secretary, and provide to the FWS for approval, a revised Migratory Bird Plan, and provide to the FS for approval, a revised COM Plan that identify areas where Atlantic will construct during the migratorymigratory bird season,season, and identify identify thethe additional additional conservation conservation measures developed in coordination with the FWS and/or FS, and other appropriate agencies, that it will implement to minimize impacts on nesting migratory birds in in areas areas where where construction construction during during the the active- active- seasonseason cannot be avoided. (Sections 4.5.3.54. 5. 3. 5 and 4.3.9)4. 3. 9)

36. Prior to construction, Atlantic and DTI shall file with the Secretary a revised Migratory Bird Plan that includes appropriate conservation measures developed inin coordination with thethe FWS and the appropriate state/commonwealth agenciesagencies forfor thethe following active rookeries with disturbancedisturbance buffers that overlapoverlap ACP workspace: ROOK-ACT-02 (VA), ROOK-01 (WV), WBC 01 (NC),(N0), WBC 02 (NC), WBC 04 (NC), WBC 05 (NC), WBC 07 (NC),(NC), WBCWBC 1212 (NC),(NC), andand WBCWBC 1515 (NC).(NC). AtlanticAtlantic shallshall alsoalso coordinatecoordinate withwith VDGIF, WVDNR, and NCWRC to verify that no additional conservation measures would be required for the NI-HNHI and andand CCBCCBCCB rookeries, rookeries,rookeries, andand provideprovide copiescopies ofof agency agency correspondencecorrespondence relatedrelated toto thesethese discussions.discussions. (Section(Section 4.5.3.5)4. 5. 3. 5)

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37. Prior to the closeclose of thethe draftdraft EISEIS commentcomment period,period, Atlantic and DTI shall file with the SecretarySecretary aa revised fragmentation analysis that includes the following: a. AnalysisAnalysis based based onon applicable applicable state state and and federal federal agency agency datasets, datasets, including: including: i. West Virginia state forest fragmentation datadata producedproduced byby thethe NRAC at WestWest Virginia Virginia University; ii. VDCR VaNLA projproject; ect; and iii. Consult with the FS, NCWRC, and NCDEQ to determine the appropriate data sets to use in the MNF, GWNF, and North Carolina, respectively. b. IfIf GIS CIS databases databases are are not not available available for for the the project project location, location, then then manual manual interpretationinterpretation ofof interiorinterior forest blocks greater thanthan or equal to 3535 acresacres shall shall be be identified identified and and evaluated evaluated forfor projectproject impacts; c. EdgeEdge habitat habitat is is considered considered to to be be 300-foot 300-foot forested forested buffer buffer from from a a corridor/disturbancecorridor/disturbance with interior forest starting at the point beyond the 300-foot edge buffer; d. Develop a table for each state and for NFS lands with the following data for each forested interior tract: type of interiorinterior forestforest (e.g.,(e. g., edge,edge, patch,patch, smallsmall core,core, largelarge core,core, oror ecological ecological integrityintegrity category), county,county, enterenter and exit milepost,milepost, lengthlength crossed (feet), andand areaarea affectedaffected directlydirectly (interior forest cutting) and indirectly (buffer zone areas of remaining forest immediately adjacent to one or both sides of the new corridor that would no longer be classified as interiorinterior forest due to the new, project-relatedprqject-related disturbances) for both constructionconstmction and operation; and e. DiscussDiscuss how how the the creation creation of of forest forest edge edge or or fragmentation fragmentation would would affect affect habitat habitat and and wildlife, wildlife, including potential impacts on federally listedlisted threatened and endangered species and migratorymigratory birds. Describe measures that Atlantic and DTI will implementimplement to avoid,avoid, minimize,minimize, or mitigatemitigate impacts on interior/core forest habitat. (Section 4.5.6)4. 5. 6)

59. Prior to the close of the draft EIS comment period, Atlantic and DTI shall consult with the FWS and appropriate agenciesagencies toto identify the conservation measuresmeasures thatthat wouldwould bebe implemented toto avoid oror minimize impacts on listed plant populations that were documented in 2016, and that may be documented in thethe 20172017 surveys.surveys. Atlantic and DTI shall also filefile with the Secretary,Secretary, and provide to the FWSFWS andand appropriate agencies thethe final avoidance and minimization plan for these listedlisted plantplant species.species. (Section(Section 4.7.1.15).4. 7. 1. 15).

60. Prior to the close close of of the draft EIS EIS comment period, Atlantic shall file withwith the Secretary and FS FS a revised BEBE that:that:

d. provides start andand endend milepost milepost andand acreage acreage ofof impacts impacts on old growth forests accordingaccording to the MNFMNF andand GWNF old old growth growth forestforest definition;

65. Prior to thethe closeclose ofof the the draft draft EIS EIS comment comment period,period, AtlanticAtlantic shall file with the SecretarySecretary aa description ofof the impactsimpacts andand species-specificspecies-specific conservation measures, developed in coordination with thethe applicable applicable federal federal and and state state agencies agencies (WVDNR; [WVDNR; VDGIF VDGIF and/or VDCR; VDCR; and NCWRCNCWRC and/or and/or NCDEQ), for for the the species species listed listed inin tabletable 4.7.4-44. 7.4-4 where Atlantic has identifiedidentified potentialpotential impacts,impacts, and/or where where the the appropriate appropriate agency agency has has requested requested additional additional analysisanalysis oror conservationconservation measures. Where survey data is still pending, Atlantic shallshall workwork withwith thethe appropriateappropriate agencies to identify the conservation measures that it will implement ifif thethe species and/orand/or suitable habitat are identifiedidentified during preconstruction surveys,surveys, oror where presence presence has has been been assumed. assumed. (Section (Section 4.7.4.6)4.7.4. 6)

67. Prior to construction,construction, Atlantic and DTI shallshall filefile with with thethe Secretary,Secretary, forfor thethe reviewreview andand written approval ofof the the Director Director of ofOEP, OEP, finalized Timber Extraction Plans. (Section[Section 4.8.1.1)4. 8. 1. 1)

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DOF RECOMMENDED ADDITIONAL MITIGATION ACTIONS

DOF concursconcurs withwith FERCFERC that that specific specific additional additional mitigation mitigation measures measures are are requiredrequired as conditions to any authorizationauthorization issued by thethe Commission Commission and supports thethe mitigation mitigation measuresmeasures proposed.proposed. However, DOFDOF observes observes that that thethe FERCFERC proposedproposed mitigationmitigation actionsactions areare focused primarilyprimarily onon preservation andand avoidance andand to aa lesserlesser extent, extent, restoration/afforestation. restoration/afforestation. NoNo specific specific enhancement/creation mitigation mitigation actions actions are are proposed proposed as as envisioned envisioned in in the the CEQ CEQ NEPANEPA mitigationmitigation framework guidelinesguidelines (40 (40 Code Code of of Federal Regulations Regulations (CFR) [CFR) 1508.1508.20).20).

Given thethe adverse, landscape levellevel impact to forestlandforestland that has beenbeen documenteddocumented andand recognized by by FERC FERC as as significant,significant, long long termterm andand thereforetherefore permanent inin itsits analysis, analysis, DOF DOF requests thatthat FERCFERC direct direct ACP ACP sponsors sponsors as as a a conditioncondition ofof it project permit approvalapproval to negotiate with with the the Commonwealth Commonwealth of of Virginia Virginia throughthrough the the Office Office of the Secretary Secretary of of Natural Natural Resources an acceptable enhancement/creation mitigation plan to offset andand compensatecompensate for the significant impactimpact toto forestlandforestland thatthat will will result result if if the the ACP ACP goes forward.

In addition, DOFDOF offersoffers thethe following technicaltechnical advice,advice, commentscomments and recommendations toto FERC FERC to consider in in its its on-going on-going review review of of the the ACP ACP projectproject plan:

1. ConstructionConstruction Activities: Activities: When a new pipeline is built, there cancan bebe temporarytemporary impacts impacts from construction access by cranes and otherother heavyheavy equipment,equipment, constructionconstruction traffictraffic onon unpaved access roads, and boring for pipeline installation activities. DifferentDifferent machines and techniques are used toto removeremove trees dependingdepending on whether thethe forestsforests consistconsist ofof mature trees, have large quantities of understory trees, or are inin sensitivesensitive environmentsenvironments such as a wooded wetland. These machines can range from large whole tree processorsprocessors whichwhich can can cause rutting andand compactioncompaction of the forest floor to handhand clearingclearing with chainsawschainsaws in more sensitive environments. CompactedCompacted soilsoil restrictsrestricts rootroot penetration penetration andand nutrient nutrient cycling. cycling. Compaction alsoalso restrictsrestricts waterwater movement into soil, resulting in less water availableavailable forfor plant growth and increased runoff, erosion,erosion, andand nutrientnutrient loss.loss. ThisThis can result notnot only only in diminished forestforest health but also reduced ability of the forestforest to fulfillfulfill its water qualityquality improvement functions.functions. DOF recommendsrecommends activitiesactivities toto minimizeminimize constructionconstruction impactsimpacts including: •. Restoring contours to pre-construction conditions and controlling erosion until re- vegetation stabilizes thethe disturbeddisturbed areas. •. Restoring vegetationvegetation toto native species and protecting the natural functionsfunctions of the pre-construction ecosystem.ecosystem. •. Using machinerymachinery wherewhere feasible,feasible, that that whenwhen combinedcombined [example:(example: earth movermover and cart) weigh less thanthan 10 tons per axle.axle. ResearchResearch has has shown shown thatthat thisthis will will helphelp alleviate compactioncompaction to to the the toptop 6-8 inches of soil where it cancan bebe moremore easilyeasily addressed. CombinationCombination vehicles weighing more more thanthan 10 tons can create compaction as deep as as 3 3 feetfeet which which isis very difficult to mitigate. •. Minimizing traffic traffic lanes lanes for for transporting transporting clearedcleared timbertimber from the site. •. Following Forestry Forestry Best Management Practices (BMPs) forfor waterwater quality as outlined by the VirginiaVirginia Department ofof Forestry's Forestry's Voluntary Voluntary BMP BMP Guidelines publication for all harvesting operations. •. Stock pilingpiling soilsoil awayaway from from trees trees that that areare toto remain standing. PilingPiling soil atat a tree stem cancan kill kill the root systemsystem ofof the tree.tree. Soil Soil stockpiles stockpiles should should be be covered, covered, as as well, well, to prevent soil soil erosion and fugitive fugitive dust. •. Retain existing groupingsgroupings and/or and/or clustersclusters ofof treestrees and natural vegetation on the sites ofof the support facilities,facilities, where feasible, toto provideprovide aestheticaesthetic andand environmental benefits, as well asas reducingreducing futurefuture open space maintenance costs.

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2. Invasive Species Management: Management: While thethe width of thethe area of the removed forest within the ROWROW maymay not not bebe great,great, therethere may bebe severesevere consequences forfor thethe species thatthat depend on the existing non-fragmentednon-fragmented habitat.habitat. FragmentationFragmentation makes interior forest species more vulnerable to predators, parasites, parasites, competition competition from from edgeedge species, and catastrophic events. Invasive plants can grow prolifically in the cleared-edge habitats of of pipeline pipeline ROWs ROWs and can spread intointo thethe forest forest interior, interior, limiting limiting the the growth growth of of native native species. species. Careful Careful vegetation vegetation management in in the the ROW ROW can mitigatemitigate some of these these effects. DOFDOF recommends: recommends: •. Considering the the likelylikely responseresponse ofof invasive speciesspecies oror targettarget speciesspecies whenwhen prescribing activities that result in soil disturbance or increased sunlight. •. During construction andand follow-on maintenancemaintenance activities,activities, take take stepssteps to guardguard against construction vehicles inadvertently bringing into forest interiorsinteriors invasiveinvasive and/or non-native non-native plant plant species species from from other other locations. locations. Weed Weed seed and fungal fungalspares spores can be transported in in thethe mud mud or or dirt dirt on on vehicles. vehicles. PriorPrior to to moving moving equipment onto and offoff of anan activity area,area, scrapescrape oror brush soil and debris from exterior surfaces, to the extentextent practical,practical, toto minimizeminimize the movementmovement ofof invasiveinvasive plants, pests andand diseases to non-infested areas. AnotherAnother option option is is to wash vehicles before they enter a weed-free area or or when when they they leave leave an an infested infested area. area. The The emphasis emphasis of of the cleaning cleaning should be inin thethe wheels, wheels, wheelwheel wells,wells, bumpers, and undercarriageundercarriage ofof thethe vehiclevehicle where most mudmud and dirt collects.collects. •. If seeding or plantingplanting isis necessarynecessary toto minimizeminimize thethe threatthieatthreat of of highly highly damaging damaging invasive species from spreading, useuse native seed or non-invasivenon-invasive cover plants forfor revegetation.

3. Biodiversity Planning:Planning: A pipeline ROW can can fragmentfragment aa largerlarger forest block into smaller tracts thatthat diminishdiminish their ability toto function asas integratedintegrated habitathabitat units.units. As a result,result, the continued fragmentationfragmentation of of a a forestforest can cause a permanentpermanent reductionreduction in speciesspecies andand suitable habitathabitat as as noted noted in in FERC's FERC's findings. The linearlinear nature ofof pipeline right-of-waysright-of-ways can impact the predator-prey relationship. relationship. Right-of-wayRight-of-way vegetation vegetation removal removal or or modification modification methods before pipeline construction may also affect vegetationvegetation inin areasareas adjacent toto the ROW. Plant Plant communitiescommunities may may bebe damaged by the removalremoval ofof tall-growing tall-growing vegetation.vegetation. Physical changes in the habitat causedcaused byby ROW ROW vegetation vegetation control may adversely affect non- target vegetation. The growth or viability of plantplant species within or adjacent to the right-of-right-of- way may be reduced.reduced. DOFDOF recommendsrecommends adoptingadopting managementmanagement practices that mitigate these potential impactsimpacts including: including: •. Avoiding routesroutes that fragment major forest blocks. •. Keeping ROW clearing clearing to to the the minimum minimum width width necessary necessary to to preventprevent interferenceinterference from trees and other vegetation. •. Establishing herbaceousherbaceous speciesspecies andand shrubsshrubs or some low-growing treestrees thatthat are considered desirable desirable ground ground cover cover and and valuable valuable wildlife habitat along the right- of-way in thethe project'sproject's vegetation management and revegetation plan. •. Maintaining aa scrub habitat, dominated byby lowlow growing,growing, bushy vegetation and young trees isis preferablepreferable toto mowingmowing in forest habitats.habitats. ItIt cancan provideprovide qualityquality habitat forfor wildlifewildlife species that are dependentdependent onon earlyearly successional successional habitathabitat (birds,[birds, reptiles, and amphibians).

This concludes thethe Virginia DepartmentDepartment of Forestry'sForestry's comments and recommendations. TheThe DOF DOF is available to discuss any ofof the points made made inin these these comments comments with with FERC FERC if that would be helpful.

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GE/ge

cc:ec: B. Ring, DOF R. Farrell, DOF E. Zimmer, DOF A. Navarro, SNR J. Bulluck, DCR J. Weber, DCR A. Ewing, DGIF

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RECEIVED FEB 22 44 20172017 DEOpQaceDSa-Oiaa ®fof £swoBisssMEviranaterttal Impact Rain CAROLYNW. W. DULL Az% MAYOR 116116 W. W. BEVERLEY BEVERLEY STREET P.O.P.O. Box 58o8 DIRECT DIAL 540.332.3810 4P DIRECTDlAL540. 332.38io STAUNTON, VA VA 24402 24402 FACSIMILE 540. 540.851.4001851. 4001 8TIVUNTaNt(STSMJN^

February 21, 2017

VIA EMAIL IN PDFPDF AND AND EXPRESS DELIVERY

Ms. Julia Wellman Environmental Impact Review Coordinator Department of Environmental Quality 629 E. Main StreetStreet Richmond, VA 23219

Re: AtlanticAtlantic Coast Coast Pipeline Pipeline ProjectProject DEQDEQ#16-248F #16-248F Docket Nos. CP15-554-000, CP15-554-001, and CP15-555-000 FERC/EIS-0274D

Dear Ms. Wellman:

As thethe MayorMayor ofof the the City City of of Staunton, Staunton, located located in in the the beautiful beautiful Shenandoah Shenandoah Valley Valley of Virginia where we treasure our natural resources, II write to affirmaffirm thethe StauntonStaunton CityCity Council's objectionobjection overall to thethe AtlanticAtlantic CoastCoast PipelinePipeline project and lodge aa specificspecific objection based upon the threat to a criticalcritical water source for our citizens and for Augusta County. We submit submit that that both both Dominion Dominion and and the the Federal Federal Energy Energy Regulatory Regulatory Commission,Commission, as evidenced in in thethe DraftDraft Environmental Environmental ImpactImpact StatementStatement (DEIS), have utterly failed to account yet for the potentiallypotentially catastrophic consequences of thethe project as to the route of the lineline thatthat wouldwould bebe unacceptably unacceptably within the ambitambit of ourour waterwater sourcesource knownknown asas Gardner Spring. We believe the huge gas pipelinepipeline wouldwould cutcut throughthrough the rechargerecharge areaarea that isis anan integral integral aspectaspect of of the the GardnerGardner Spring Spring resource resource that serves both our City and our neighbors in the County, putting all those who rely upon the water in jeopardy.

Please understand that I dodo notnot intendintend this this letter letter toto bebe exhaustive exhaustive or or even even comprehensive comprehensive and certainlycertainly not a formalformal briefbrief inin supportsupport ofof the the City's City's position. position. I I simplysimply highlight highlight aspects that eveneven withoutwithout a a highlyhighly sophisticated sophisticated submission submission beg for immediate pause and fundamental reconsideration ofof thethe DEISDEIS andand certainly againstagainst anyany approval.approval. Actually,Actually, we ask that that the the Virginia Virginia Department Department of of Environmental Environmental Quality Quality (VDEQ) (VDEQ) demonstrate demonstrate the 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Ms. Julia Wellman February 21, 2017 Page 22

exercise of independent judgment, even against what may be political pressures on your agency otherwise, andand wewe requestrequest the DEQDEQ itselfitself lodgelodge withwith thethe Federal Federal EnergyEnergy Regulatory Commission strong objectionobjection toto thethe projectproject atat least as it relates to our waterwater supply. Will you?

Our citizens are fortunatefortunate that ourour predecessorpredecessor leaders of our City had thethe foresightforesight to securesecure for themthem aa vitallyvitally importantimportant waterwater sourcesource referredreferred to asas Gardner Gardner Spring,Spring, whichwhich actually is locatedlocated inin neighboringneighboring AugustaAugusta County. GardnerGardner Spring Spring benefits benefits residents residents both of our City and of Augusta County. TheThe City City initially initially acquired acquired the the rights to GardnerGardner Spring in the 1930s.1930s. TheThe preciousprecious water from Gardner Spring is processed atat our City's water plant and then redistributed through pipelines in our City and into AugustaAugusta CountyCounty to thosethose whowho dependdepend onon it, it, including including individualsindividuals andand those those inin important important ShenandoahShenandoah Valley commerce. OurOur City City has has invested invested millions millions in notnot onlyonly ourour water water plantplant butbut alsoalso more recently inin new waterwater lineslines thatthat helphelp toto serveserve Augusta Augusta CountyCounty usersusers asas well.well. Gardner Spring provides a majority of the water for our City residents, being capable of offering as much as or moremore thanthan 55 millionmillion gallonsgallons of raw water per day for treatment by the CityCity ofof Staunton,Staunton, againagain both forfor thethe ultimateultimate benefit of thethe CityCity andand ofof Augusta Augusta County.

The Gardner Spring resource is incontrovertiblyincontrovertibly priceless and any chance of it being put in jeopardy by thethe AtlanticAtlantic CoastCoast Pipeline Pipeline project is actuallyactually putting the safetysafety and thethe welfare of the City of StauntonStaunton and Augusta CountyCounty andand theirtheir usersusers atat risk.risk. FromFrom whatwhat we cancan discerndiscern (and(and wewe are are not not engineers), engineers), nothingnothing inin Dominion's Dominion's submissionsubmission andand nothing in the DEIS beginsbegins toto addressaddress thisthis criticalcritical resource in anyany meaningfulmeaningful way even though thethe DEISDEIS acknowledges acknowledges generallygenerally inin section section 4.1.2.3 4. 1. 2. 3 potentialpotential underground underground damage because of Karst geology thatthat prevailsprevails inin ourour region.region. AsAs the the DEIS DEIS states, states, "Karst"Karst terrain is characterizedcharacterized by thethe presencepresence ofof sinkholes, sinkholes, caverns,caverns, anan irregular irregular `pinnacled''pinnacled' bedrock surface, and springs."springs. " DespiteDespite seemingly seemingly gliblyglibly admittingadmitting thatthat "[t]hese"[t]hese featuresfeatures could present a hazard to thethe pipelinepipeline bothboth pre-pre- andand post-construction post-construction due to cave oror sinkhole collapse, and can alsoalso provideprovide directdirect conduitsconduits from the groundground surfacesurface to thethe groundwater, increasingincreasing thethe potential for groundwatergroundwater contamination,"contamination, " nowherenowhere isis it obvious that Dominion hashas been required toto have done and submitted toto you or thethe Federal Energy Regulatory Commission an independent, detailed study and analysis of the potentially momentous adverseadverse consequencesconsequences for Gardner Spring, a major and critical water supply. ItIt is is not not obvious obvious to to us us that that anything anything in in the the "Construction "Construction ImpactsImpacts andand Mitigation" aspects of the the DEIS DEIS addresses addresses Gardner Gardner SpringSpring or, or, withoutwithout specific specific reference reference by name, even anythinganything similar to thisthis uniquelyuniquely vital water resource for soso manymany whowho depend on it daily. IfIf the the DEIS DEIS includes includes suchsuch a a discussion, discussion, wouldwould youyou oror the the Federal Federal Energy Regulatory Commission pointpoint it out for us and our citizens in order that we may assess it?

We would anticipate that Dominion may attempt to assert that its proposed, huge pipeline does not go directly into the centercenter ofof Gardner Gardner Spring;Spring; however, that contention would be illusory at best, because thethe proposedproposed routeroute isis sufficientlysufficiently near GardnerGardner SpringSpring that thethe recharge area of GardnerGardner SpringSpring isis implicated implicated andand quite quite possibly possibly directlydirectly jeopardized.jeopardized.

Atlantic Coast Pipeline Project DEQDEQ#16-248F #16-248F Docket Nos. CP15-554-000, CP15-554-001, andand CP15-555-000 FERC/EIS-0274D 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Ms. Julia Wellman February 21, 2017 Page 3

That recharge area is vital, because the bulk of the water that feeds Gardner Spring comes from an extensiveextensive underground aquiferaquifer systemsystem andand networknetwork of of karstkarst channelschannels that thethe DEIS hashas wholly wholly failed failed to to acknowledge, acknowledge, muchmuch less less analyze. analyze. GardnerGardner Spring'sSpring's underground pathspaths provideprovide aa fairly constant flow, allowing thethe spring to dischargedischarge aa steady, reliable resource of critical water. TheThe water, water, drawing drawing from from aa largelarge recharge recharge area, is fed by precipitation, which enters thethe ground,ground, and the water is discharged fromfrom Gardner Spring approximately 2828 toto 4545 days later. TheThe recharge recharge contribution contribution areaarea for for GardnerGardner Spring may extend as many as five five oror more more milesmiles fromfrom Gardner Gardner Spring.Spring. Where is that explicitlyexnlicitlv mentioned at all in the DEIS?

Based on whatwhat wewe knowknow aboutabout aa springspring water water source source generallygenerally andand ourour own own Gardner Gardner Spring, we believe that itit isis essential essential thatthat any any meaningful meaningful analysisanalysis ofof the the environmental environmental impact must be based on a careful,careful, thorough consideration ofof thethe rechargerecharge area.area. SpringSpring recharge areas are, without doubt, recognized to be as vital to the quality quality ofof groundwater groundwater resources as the center of thethe springspring itself,itself, perhapsperhaps more soso inin waysways thatthat areare particularly particularly pivotal in this instance.instance. TheThe water water quality, quality, withoutwithout aa springspring rechargerecharge areaarea "can"can bebe adversely affected by landland usesuses thatthat allowallow groundwatergroundwater contaminationcontamination to migratemigrate intointo underlying aquifers."aquifers. " Emery && Gardner Groundwater,Groundwater, Inc.,Inc., HydrogeologicHydrogeologic InvestigationInvestigation of Gardner Gardner Spring (July 2002). EvenEven distant distant spills spills can can reach reach Gardner Gardner SpringSpring throughthrough the Karst aquifer system. AsAs such, such, the the Gardner Gardner Spring Spring recharge recharge area area is is highly highly susceptible susceptible to a widewide variety variety ofof potential potential contaminants,contaminants, and the areaarea should should continuecontinue toto bebe protected protected from land uses that even might threaten the quality of the water.

Let me mentionmention another considerationconsideration that is revealingrevealing aboutabout Dominion and this projectproject that Dominion is trying toto impose, selfishly forfor profits,profits, onon usus andand others.others. SeveralSeveral months ago, a CityCity representative representative invited Dominion toto visit with us and sit downdown just withwith ourour City CouncilCouncil andand discussdiscuss thethe project, project, beingbeing mindful mindful ofof the the potentially potentially calamitous calamitous implications forfor Gardner Spring.Spring. WeWe could could not not have have really really imagined imagined that that Dominion Dominion would not join us around the table in ourour CaucusCaucus Room. ToTo our our surprise surprise and and dismay, dismay, Dominion arrogantly refusedrefused even the courtesycourtesy of aa meetingmeeting discussion,discussion, rebuffingrebuffing ourour request and invitation. ThatThat speaks speaks volumes volumes toto us us and and to to our our City City citizens—and citizens-and shouldshould speak volumes to VDEQ and to the FederalFederal Energy Regulatory Commission. VDEQ declares that its mission "is to to protect protect andand improve improve the environment environment for the well- being of all Virginians."Virginians. " YouYou also also promise promise thatthat "DEQ"DEQ collaboratescollaborates ...... toto enhance enhance the quality of our our environmentenvironment andand toto strengthen strengthen thethe role role everyone everyone playsplays inin environmental environmental protection."protection. " WillWill you you collaborate collaborate with with us us and and our our citizens citizens to to protect GardnerGardner Spring? We hope and trusttmst youyou areare listening, listening, eveneven thoughthough we realizerealize that somesome ofof Virginia's Virginia's elected officials appear quite a while agoago toto havehave beenbeen advocatingadvocating for the AtlanticAtlantic CoastCoast Pipeline project even well before thethe issuance of thethe DEIS. DespiteDespite thethe political political musclemuscle visited by DominionDominion and the pressure,pressure, willwill bothboth VDEQVDEQ andand thethe Federal Federal EnergyEnergy Regulatory Commission truly act independentlyindependently and protect protect ourour environment, environment, includingincluding our Gardner Spring?

Atlantic Coast Pipeline Project DEQDEQ#16-248F #16-248F Docket Nos. CP15-554-000, CP15-554-001, and CP15-555-000 FERC/EIS-0274D 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Ms. Julia Wellman February 21, 2017 Page 44

So thatthat youyou will will appreciate appreciate perhapsperhaps eveneven moremore thethethe sincerity sincerity andand consistency consistencyconsistency of ourour objection andand advocacy now,now, II also enclose a copycopy ofof our our City City Council's Council's resolution resolution adopted October 23, 2014. AsAs you you and and the the Federal Federal Energy Energy Regulatory Regulatory CommissionCommission know, many others also have objected to or taken issueissue withwith the project,project, which will cutcut through some of the priceless natural resourceresource treasurestreasures inin ourour regionregion andand statestate. We also are keenly mindful,mindful, as youyou shouldshould be,be, thatthat the the water water coming coming fromfrom StauntonStaunton and AugustaAugusta County is the headwaters headwaters of both the James James and and Shenandoah Shenandoah riversrivers and eventually flows into our state's capital capital as well as into our nation's capital.capital. OurOur City, City, beyond beyond the the reasons reasons stated by manymany othersothers forfor objection, objection, objectsobjects stronglystrongly becausebecause itsits criticalcritical waterwater resourceresource now apparently is directly and indirectly implicated by the proposed route reflected in the DEIS.

We ask you to to honor honor that that promise promise andand refuse refuse to to permit permit this this pipeline pipeline projectproject to proceed, proceed, advocating similarly with the Federal Energy Regulatory Commission.Commission. At the veryvery least, we urgeurge DEQDEQ and and the the Federal Federal Energy Energy Regulatory Regulatory CommissionCommission to insistinsist thatthat Dominion Dominion have independent outside professional engineers and other other professionals, professionals, undertakeundertake andand complete and publish for commentcomment aa detaileddetailed studystudy regardingregarding thethe potential potential implicationsimplications for our GardnerGardner SpringSpring water source. BothBoth VDEQ VDEQ and and the the Federal Federal Energy Energy Regulatory Regulatory Commission should mandate thatthat Dominion complete andand submit its study for publicpublic exposure and commentcomment before thethe processprocess proceedsproceeds further.further. Will you oror thethe FederalFederal Energy RegulatoryReeulatorv Commission insist that Dominion do so? We thank you for your time and consideration. WeWe look look forward forward to to your your and and thethe Federal Federal Energy Regulatory Commission'sCommission's responseresponse in in thethe nearnear future.future. PleasePlease provideprovide us withwith specific responsesresponses to to ourour questions and,and, toto useuse VDEQ'sVDEQ's ownown words,words, honorhonor thethe commitment to to "protect andand improve thethe environmentenvironment forfor the well-beingwell-being of allall Virginians."Virginians. " WillWill you,you, pleasepleaseplease dododo so—through so—throughso-throueh action,action,action, notnot justiust words,words. forcingforcine Dominion to respectrespect your mission and the criticalcritical interestsinterests of Staunton Staunton and Augusta County citizens?

Sincerely, CM ^W.w. ^M. Carolyn W. Dull Mayor

cc:ec: Federal Energy Regulatory Commission Members of the Staunton City Council Members of the Augusta County Board of Supervisors Members of the Board of Directors of the Augusta CountyCounty ServiceService Authority

Enclosure

Atlantic Coast Pipeline Project DEQDEQ#16-248F #16-248F Docket Nos. CP15-554-000, CP15-554-001, and CP15-555-000 FERC/EIS-0274D 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

RESOLUTION OF THE COUNCIL OF THE CITY OF STAUNTON, VIRGINIA IN OPPOSITION TO ATLANTIC COAST PIPELINE

WHEREAS, DominionDominion VirginiaVirginia Power Power has has enteredentered into whatwhat thethe companycompany describes as aa jointjoint venture venture withwith three three other other major major U.S. U. S. energy energy companies—Duke companies-Duke Energy, Piedmont NaturalNatural GasGas and AGL Resources—toResources-to buildbuild andand own a naturalnatural gasgas pipeline which will traverse portions of three states, including 111 1 counties and two cities in the Commonwealth of Virginia; and

WHEREAS, thethe proposed projectproject willwill passpass in close proximity to a publicpublic waterwater source and boundary of the City; and

WHEREAS, representatives ofof Dominion Virginia Power, upon the invitation of City Council of the CityCity ofof Staunton, Staunton, Virginia,Virginia, made aa presentationpresentation about the project to Council atat its meetingmeeting on AugustAugust 28, 2014, held at RobertRobert E.E. LeeLee High High SchoolSchool toto accommodate an overflow audience; and

WHEREAS, reflective of the considerable public interest in the project, dozens of individuals at the meeting,meeting, throughthrough questionsquestions submitted to CityCity CouncilCouncil andand commentscomments made during the public comment period, registered their strong opposition to the project,project, as proposed; and

WHEREAS, membersmembers of City Council share many of the concernsconcerns expressed by citizens of the City and desire, as a body, to express their opposition to the project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City ofofStaunton, Staunton, Virginia, that:

1.1. Council joinsjoins withwith otherother localitieslocalities inin the the Commonwealth Commonwealth ofof Virginia, Virginia, including the counties of Augusta and Nelson, in their expressions expressions of concernconcern about and opposition to the Atlantic Coast Pipeline. 2. Council opposes the construction of the Atlantic CoastCoast Pipeline Pipeline and urges Dominion Virginia Power and all others involved to reduce reliance on natural gas and to seek solutionssolutions for the 21'21st century, century, includingincluding conservationconservation andand renewable renewable energyenergy such as solar andand wind power, that will will satisfysatisfy futurefuture energyenergy needsneeds without without imperilingimperiling thethe natural natural bounty and beauty of our region and the health and safety of our citizens.

3. In thethe eventevent DominionDominion VirginiaVirginia Power and itsits partnerspartners submitsubmit anan application forfor construction ofof the AtlanticAtlantic Coast PipelinePipeline to thethe Federal Federal Energy Energy Regulatory Commission ("FERC"), Council, inin the strongeststrongest possiblepossible terms, urgesurges FERC to withholdwithhoid approval of the project, on the basis that the natural gasgas to bebe transported transported isis not believed to be requiredrequired to serveserve thethe energyenergy needsneeds of Virginia Virginia oror NorthNorth CarolinaCarolina (a significant portionportion ofof whichwhich cancan be be satisfied satisfied by by conservation consen/ation and and renewable renewable energy energy 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

sources) and, therefore, the pipeline will neither serve the publicpublic interestinterest nornor satisfy satisfy thethe legal standard of -"publicpublic convenience and necessity.'necessity."

4. Council respectfully requests that the Governor of Virginia reconsider his public endorsement of the Atlantic Coast Pipeline, and, after consultation with the City of Staunton and other localitieslocalities that would be impactedimpacted by the project and considerationconsideration of risks toto thethe environment environment (including(including threatsthreats toto karstkarst environments environments andand waterwater supplies supplies locally in the Shenandoah Valley, elsewhere inin the Commonwealth of Virginia and in in the the District of Columbia and the State of Maryland)Maryland) and the state's economyeconomy (including(including itsits agricultural and tourism sectors), oppose the project.

5. Council respectfully requests thatthat SenatorSenator MarkMark Warner,Wamer, SenatorSenator TimTim Kaine and CongressmanCongressman Bob Goodlatte joinjoin publicly in oppositionopposition to thethe project, project, communicate their opposition to FERCFERC andand take appropriate action to encourage FERCFERC to withhold approval of the project.

6. In the eventevent DominionDominion VirginiaVirginia Power and itsits partnerspartners electelect toto proceed proceed with the constructionconstruction of thethe AtlanticAtlantic CoastCoast Pipeline,Pipeline, and the projectproject isis approvedapproved byby FERC, Council implores DominionDominion Virginia Virginia Power Power and and itsits partners toto givegive fullfull consideration to the use of existing utilityutility and highway corridors for the project, so as to minimize, to thethe greatest greatest extent extent possible, possible, thethe impacts impacts of of construction, construction, maintenancemaintenance andand operation of the project.

7. Council directs that the Clerk of Council send a copy of this resolution resolution to Dominion Virginia Power, Senator MarkMark Warner,Wamer, SenatorSenator Tim Kaine,Kaine, CongressmanCongressman BobBob Goodlatte, Governor Terry McAuliffe and Cheryl A. LaFleur, Chairman ofofFERC. FERC.

Adopted this 2323thth day of October, 2014.

w.W.w. Lli,QAA Carolyn W.. Dull, MayorMayor

1 Attest: G/7 ^co4?_.`-`;4 ^> inda LittlLittlg, , Clerk Clerk of of Council Council

2 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

CAROLYNW. W. DULL MAYOR 116ll6 W.W. BEVERLEY BEVERLEY STREETSTREET P.O.P.O. Box 58 DIRECTDIAL DIAL540. 540.332.3810332.3810 STAUNTON, VA VA 24402 24402 FACSIMILE540. 540.851.4001851.4001 VUNNTZI\T Tr ag" .. 66TAUrriI 1 R i., : N I A

February 21.21 2017

VIA EXPRESS DELIVERY

Mr. NathanielNathaniel J. J. Dav's.,--S DayisfSr.Dav's;-Si. ' Deputy SecretSecretc Federal Eg^yE gy Regulatory Regulatory Commission Commission 888 FFipgfFi. StreetStreetStreet N.E.,N.E., N.E., RoomRoom Room 1A 1A WaWWaSfimgton, ngton,ngton, D.C.D.C. 20426

Re: AtlanticAtlantic Coast Coast Pipeline Pipeline Project Project Docket Nos. CP15-554-000, CP15-554-001, and CP15-555-000 FERC/EIS-0274D

Dear Mr. Davis:

Enclosed pleaseplease findfind aa letter (with enclosure) sentsent thisthis datedate onon behalfbehalf ofof the City of Staunton, Virginia, to Ms. Julia Wellman, Wellman, EnvironmentalEnvironmental Impact Review Coordinator of the VirginiaVirginia DepartmentDepartment of EnvironmentalEnvironmental QualityQuality (VDEQ),(VDEQ), with commentscomments made onon behalf ofof the the city city concerning concerning thethe draft draft environmental environmental impactimpact statementstatement for thethe AtlanticAtlantic Coast Pipeline Project. II callcall particular particular attentionattention toto thethe city's city's request request that that Atlantic Atlantic CoastCoast Pipeline, LLC and Dominion Transmission, Inc. be required to complete and submitsubmit to the Federal EnergyEnergy Regulatory Commission oror VDEQVDEQ anan independent, independent, detailed studystudy and analysis of thethe potentiallypotentially momentousmomentous adverse consequencesconsequences of the project forfor GardnerGardner Spring, aa major andand critical water supply ofof the city.

Sincerely, C^w. ^- Carolyn W. Dull Mayor 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM Mr. Nathaniel J. Davis, Sr. February 21, 2017 Page 2

Enclosure

cc:ec: Members of the StauntonStaunton City Council (w/o enclosure) Members of the Augusta CountyCounty Board of Supervisors (w/o enclosure) Members of the Board of of Directors Directors of the Augusta CountyCounty ServiceService Authority (w/o enclosure) Julia Wellman,Wellman, Virginia Virginia Department Department of Environmentalof Environmental Quality Quality (w/o enclosure)(w/o enclosure) i

Atlantic Coast Pipeline Project Docket Nos. CP15-554-000, CP15-554-001, and CP15-555-000CP15-555-000 FERC/EIS-0274DFERC/E1S-0274D 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Wellman, JuliaJulia (DEQ)(DEQ)

From: Green, CharlesCharles (VDACS) (VDACS) Sent: Thursday, January 12,12, 2017 2017 11:15 11:15 AMAM To: Wellman, Julia Julia (DEQ) (DEQ) Cc: Tignor, KeithKeith (VDACS) (VDACS) Subject: RE: NEWNEW PROJECTPROJECT FERC FERC Atlantic Atlantic Coast Coast Pipeline Pipeline DEQ 16-248F16-248F

Follow UpUp Flag:Flag: Follow up Flag Status: Flagged

Julia, Thank you. InIn lookinglooking over the draft EIS,EIS, II am am comfortable comfortable withwith thethe stated impactimpact toto prime prime farmland. farmland. As As I I believe isis highlighted in thethe draft, the permanent impactimpact on on prime prime farmland farmland is is de de minimis. minimis. While the areas ofof primeprime farmland impacted during construction wouldwould bebe greater,greater, these areas of prime farmland or farmlandfarmland ofof statewidestatewide importance that are temporarily impacted and currently in agricultureagriculture couldcould returnreturn toto thatthat use after construction. ConstructionConstruction of aboveground facilities facilities and permanent access access roads roads would would permanentlypermanently impact impact 228.2 228.2 acresacres of of prime prime farmland and 213.2 213.2 acres of farmland of statewidestatewide importance.

Charles Green Deputy Commissioner Virginia DepartmentDepartment ofof Agriculture Agriculture && Consumer Services

From: Wellman, Julia (DEQ) Sent: Thursday, JanuaryJanuary 12, 12, 2017 2017 10:47 10:47 AM AM To: Green, CharlesCharles (VDACS) (VDACS) Cc: Tignor, Tignor, Keith Keith (VDACS) (VDACS) Subject: FW:R/V: NEW PROJECTPROJECT FERC FERC Atlantic Atlantic Coast Coast PipelinePipeline DEQ 16-248F16-248F

Mr. Green,Green,

I believe youyou werewere onon thethe Secretary's conference conference call call this this morning morning regardingregarding the the pipelines. pipelines. I'mI'm forwarding youyou thethe requestrequest to review thethe draftdraft EISEIS andand thethe proposed routeroute shapefilesshapefiles (which (which were provided by Dominion). (Keith(Keith is is our our contact, contact, soso I havehave copied him.)him. ) If youyou needneed anything regarding the draft EIS, please feel free to reach out.

Thank you.

Julia Wellman Environmental Impact Review Coordinator Department of of EnvironmentalEnvironmental Quality 629 EE MainMain Street Richmond, VA 23219 (804) 698-4326 [email protected] www.deq.virciinia.govwww. deQ. virainia. gov

**'**** For For program program updates updates and and public public notices, notices, please please subscribe subscribe to to the the OEIR OEIR News News Feed.**** Feed.****

1 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Virginia DepartmentDepartment of Health Review Comments

DEQ #16-248F#16-248F Atlantic Coast Pipeline Project

Office of DrinkingDrinking Water

The Office ofof DrinkingDrinking Water Water has has reviewedreviewed thethe Atlantic CoastCoast Pipeline Pipeline project. project. Below areare our comments as theythey relaterelate to to proximity proximity toto public public drinkingdrinking water sourcessources (groundwater(groundwater wells,wells, springssprings and surface water intakes). PotentialPotential impacts impacts to to public public waterwater distribution distribution systemssystems or sanitarysanitary sewagesewage collection systems must be verifiedverified byby the locallocal utility.utility.

The following publicpublic groundwatergroundwater wells areare located within a 1 mile radius of the projectproject site site (wells (wells within a 1,0001,000 foot radius are formatted inin bold):

PWSID City/County Waterworks Name Facility Name 2015200 AUGUSTA DEERFIELDDEERFIELD-ACSA - ACSA DEERFIELD SPRING 2015200 AUGUSTA DEERFIELDDEERFIELD-ACSA - ACSA DEERFIELDDEERFIELDWELL WELL 2015821 AUGUSTA WHITES WAYSIDEWAYSIDE DINER WELL 2125020 NELSON WINTERGREEN GROCERS WELL 2125026 NELSON BOLD ROCKROCK CIDERY CIDERY DRILLED WELL 2125056 NELSON DEVILS BACKBONE BREWING WELL #1 (EMERGENCY (EMERGENCY ONLY)ONLY) COMPANY 2125398 NELSON WILD WOLF BREWING COMPANY WELL 11 2125910 NELSON NCSANCSA-WINTERGREEN - WINTERGREEN WELL 12 2125910 NELSON NCSANCSA-WINTERGREEN - WINTERGREEN WELL 16 2125920 NELSON WINTERGREEN -- RECEPTIONRECEPTION CENTERCENTER DRILLED WELL 3081730 GREENSVILLE ROLLING ACRESACRES -- FOX RUN WELL 11 3175100 SOUTHAMPTON BOYKINS_BRANCHVILLEBOYKINS BRANCHVILLE SYSTEM WELL NO. 3 3 (BRANCHVILLE)(BRANCHVILLE) 3175100 SOUTHAMPTON BOYKINS_BRANCHVILLE SYSTEM WELLWELLN0. NO. 22(BOYKINS) (BOYKINS) 3175100 SOUTHAMPTON BOYKINS_BRANCHVILLEBOYKINS BRANCHVILLE SYSTEM WELL NO. 11 (BOYKINS)(BOYKINS) 3175460 SOUTHAMPTON KINGSDALE ARTIS DRILLED WELL 3175461 SOUTHAMPTON KINGSDALE MOSELEY DRILLED WELL 3175500 SOUTHAMPTON TOWN OF NEWSOMS DRILLED WELL WELLN0.1 NO. 1 3175500 SOUTHAMPTON TOWN OF NEWSOMS DRILLED WELLWELL NO.NO. 22 3175720 SOUTHAMPTON TURNER TRACTTRACT WATER SYSTEMSYSTEM WELL #1#1 3175720 SOUTHAMPTON TURNER TRACTTRACT WATER SYSTEMSYSTEM WELL #2 3550051 CHESAPEAKE CITYCFTY OFOF CHESAPEAKE - - NORTHWEST WESTERN BRANCH WELL NO. RIVER SYS 1 3550051 CHESAPEAKE CITYCITy OFOF CHESAPEAKE _ _ NORTHWEST WBWB#3 #3 RIVER SYS 3550705 CHESAPEAKE PLANTATION MOBILE HOME PARK PARK WELL NO. 2 3550800 CHESAPEAKE SUNRAY WATER CO., INC. DRILLED WELL #2#2 3710100 NORFOLK NORFOLK, CITYan'OF OF WELL NO.NO. 11 3710100 NORFOLK NORFOLK, CITYCIT/OF OF WELL N0.4NO. 4 3710100 NORFOLK NORFOLK, CITYCITY OF WELL NO. 2 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Virginia DepartmentDepartment of Health Review Comments

DEQDEQ#16-248F tt16-248F#16-248F Atlantic Coast Pipeline ProjectProject

3800629 SUFFOLK FARMER FRANKS FRANKS DRILLED WELL 3800694 SUFFOLK PRUDEN CENTERCENTER FORFOR INDUSTRY INDUSTRY & WELL TECHNOLOGY 3800800 SUFFOLK SPSA REGIONAL REGIONAL LANDFILL-SUFFOLKLANDFILL-SUFFOLK DRILLED WELL 3800830 SUFFOLK TIDEWATER AGRIAGRI RESEARCH RESEARCH & & EXT EXT CTR CTR DRILLED WELL 5025550 BRUNSWICK NOTTOWAY ACRESACRES SUBDIVISIONSUBDIVISION WELL N0.3NO.3

The following surfacesurface waterwater intakesintakes areare located within a 5 mile radius ofof thethe project site:

PWSID Waterworks Name Name Facility Name 2015575 SOUTH RIVER RIVER SANITARYSANITARY DISTRICTDISTRICT COLES RUN RESERRESER 2125650 NCSA - SCHUYLERSCHUYLER JOHNSONSJOHNSONSBRANCH BRANCH 2125910 NCSANCSA-WINTERGREEN - WINTERGREEN LAKE MONACANMONACAN (ALLEN(ALLEN CREEK) CREEK) INTAKE INTAKE 2125910 NCSANCSA-WINTERGREEN - WINTERGREEN STONEY CREEK (PEGGY'S PINCH) INTAKE INTAKE 2125910 NCSANCSA-WINTERGREEN - WINTERGREEN VALLEY PONDPOND INTAKEINTAKE 2790600 STAUNTON, CITY CITY OF NORTH RIVER RIVER DAM 2790600 STAUNTON, CITY CFTY OF MIDDLE RIVERRIVER 3595250 EMPORIA, CITYCITYOF OF MEHERRIN RIVERRIVER 3710100 NORFOLK, CITYCITY OF WESTERN BRANCH"BRANCH'BRANCH- 3710100 NORFOLK, CITYCITY OF LAKE PRINCE 3740600 PORTSMOUTH, CITY CITY OF LAKELAKEMEADE MEADE 3740600 PORTSMOUTH, CITY CFTY OF PITCHKETTLE RAW WATER 3740600 PORTSMOUTH, CITY CITY OF LAKE KILBYKILBY 3800805 SUFFOLK, CITYCITY OF LONE STARSTAR LAKE LAKE 3800805 SUFFOLK, CITYCIT/OF OF CRUMPS MILL MILL POND 5029085 BUCKINGHAM CO WATER WATER SYSTEMSYSTEM TROUBLESOME CRKCRK 5135160 CREWE, TOWN OF CRYSTAL LAKELAKE 5147170 FARMVILLE, TOWNTOWN OF APPOMATTOX RIVERRIVER 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Virginia Department of HealthHealth Review Review Comments Comments

DEQDEQS16-248F #16-248F Atlantic Coast Pipeline Project

The project is located within thethe watershed ofof the followingfollowing public surfacesurface waterwater sources (intakes where the projectproject fallsfalls within 55 milesmiles intointo their their watershedwatershed areare formatted inin bold):

PWSID Waterworks Name Facility Name 2043125 TOWN OF OF BERRYVILLE BERRYVILLE SHENANDOAH RIVERRIVER 2043634 MOUNT WEATHERWEATHER SHENANDOAH RIVERRIVER 2163550 MAURY SERVICE AUTHORITY MAURY RIVERRIVER 2187406 FRONT ROYAL, TOWNTOWN OF SOUTH FORKFORKSHENANDOAH SHENANDOAH RIVERRIVER 2580100 COVINGTON, CITYCITYOF OF JACKSON RIVERRIVER 2790600 STAUNTON, CITYCITY OF MIDDLE RIVERRIVER 3081550 GCWSA -- JARRATTJARRATT NOTTOWAY RIVERRIVER INTAKE INTAKE 3595250 EMPORIA, CITYCITY OF MEHERRIN RIVER RIVER 3670800 VIRGINIA-AMERICAN WATER CO APPOMATTOX RIVERRIVER 3710100 NORFOLK, CITYCITY OF NOTTOWAY RIVERRIVER 3710100 NORFOLK, CITY OF WESTERN BRANCH 3710100 NORFOLK, CITY OF LAKE PRINCE 3740600 PORTSMOUTH, CITYCIT/ OF LAKE KILBY KILBY 3740600 PORTSMOUTH, CITYCIT/ OF LAKE MEADMEADE E 3740600 PORTSMOUTH, CITY an OF PITCHKETTLE RAW WATER 4041035 APPOMATTOX RIVERRIVER WATER WATER AUTHORITYAUTHORITY LAKE CHESDINCHESDIN RAW WATER INTAKEINTAKE 4075735 JAMES RIVER RIVER CORRECTIONALCORRECTIONAL CTRCTR JAMES RIVER RIVER INTAKE INTAKE 4087125 HENRICO COUNTYCOUNTY WATER SYSTEMSYSTEM HENRICO RAWRAW WATER WATER INTAKEINTAKE 4760100 RICHMOND, CITYan OF RAW WATERWATER INTAKEINTAKE 5680200 LYNCHBURG, CITYCITYOF OF JAMES RIVER-COLLEGE RIVER-COLLEGE HILL HILL 5680200 LYNCHBURG,LYNCHBURG/CITYOF CITY OF JAMES RIVER-ABERT RIVER-ABERT 6059501 FAIRFAX COUNTSCOUNTY WATER AUTHORITYAUTHORIH INTAKE (POTOMAC(POTOMAC RIVER)RIVER) 6107300 LEESBURG,LEESBURG/TOWNOF TOWN OF POTOMAC INTAKE INTAKE

Best Management Practices Practices (BMPs) (BMPs) should be employed on the project project site, site, including including Erosion Erosion && Sediment Controls Controls asas well well as Spill PreventionPrevention Controls && Countermeasures.Countermeasures.

Care should bebe takentaken while transportingtransporting materialsmaterials inin and and outout ofof thethe projectproject site,site, asas toto preventprevent impacts to surface water intakes intakes within within 5 miles.

There may be impacts to publicpublic drinking waterwater sourcessources duedue to this project if thethe mitigation efforts outlined above are not implemented.

Office of EnvironmentalEnvironmental Health Health Services, Services, DivisionDivision of Onsite Sewage and Water Services Services

See attached memo memo from from Dwayne Dwayne Roadcap, Roadcap, Division Division Director,Director, dateddated January 27, 20172017. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Virginia Department Department of of of Health Health Health Review Review Review Comments Comments

DEQDEQS16-248F #16-248F Atlantic Coast CoastCoast Pipeline Pipeline Project Project

Office of of Environmental Environmental Health HealthHealth Services, Services, Services, Division DivisionDivision of Shellfish of Shellfish Sanitation Sanitation

See attachedattached memo memo from from B.B. B. Keith Keith Skiles,Skiles, Skiles, Division Division Director, Director, dated dated February February 3, 2017. 3, 2017.

Office of of Epidemiology, Epidemiology,Epidemioloev, Division Division of Environmentalof Environmental Epidemiology EpidemiologyEpidemioloev

No comments.

Office ofof Radiological Radiological Health Health

No comments. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

January 27, 2017

Memorandum on Atlantic Coast Pipeline Project

To: Drew Hammond, Acting Director, ODW Arlene Warren, Policy and Planning Specialist

Through: AllenAlien Knapp, Director, OEHS

From: Dwayne Roadcap, Division Director

RE: Comments regarding the Atlantic Coast Pipeline from OEHS

This is in reply to your request for additional comments on the Atlantic Coast Pipeline project as requested by the Department of Environmental Quality.

Our understanding is that the pipeline'spipeline's path and and exact location location may change and is not finalized at this time. OnceOnce the the pipeline's pipeline's path path and and exact exact location location isis known, known, thenthen recordsrecords atat eacheach local county health department can be reviewed to determine what records are available with respect to wells and onsite sewage systems.

In 1990,1990, the Board of Health promulgated the Private Well Regulations (12VAC5-630-10 et. seq.),seq. ), which establish requirements for the location and construction of private wells in the Commonwealth. TheseThese requirements requirements include include minimum minimum separation separation distances distances from contaminantcontaminant sources and other features contained in section 380380 andand TableTable 3.3.1.1. You can findfind a copy of the Private Well Regulations here. HomeownersHomeowners in in the the counties counties associated associated with the pipeline could be using springs, cistems,cisterns, hand-dughand-dug wells, wells, andand drilleddrilled wellswells nearnearthe the pipeline's pipeline's path.path. These water systems would likely have varying types of construction and not meetmeet today'stoday's constructionconstruction standards or regulations.

Protecting water quality for these property owners is a paramount concernconcern so onceonce thethe pipeline'spipeline's location is confirmed, OEHS would recommend that a complete sanitary survey along the pipeline's path path be be performed performed by by a a teamteam of of personspersons with with expertise expertise in in geology, hydro-geology, epidemiology, and public public health. OEHSOEHS recommendsrecommends thatthat a a sanitarysanitary survey survey within 1,000 1,000 feet on either side of the pipeline be performed at a minimum to ensure people and properties using local and regional groundwater and surface water for recreational use or human consumption are identified and protected. KeepKeep in in mind mind that that some some wells wells may may be located located below the ground surface and not visible to the eye, which might require a door-by-door assessment in some cases.

In November, 2014, OEHS provided Natural Resources Group CNRG),(NRG), working on behalf of ACP, with available electronic information regarding the location of private wells constructed in the proposed project area. PleasePlease note, note, onlyonly wellswells permittedpermitted sincesince 2003 are includedincluded inin the information provided toto NRG.NRG. RecordsRecords for for private private wells wells constructed constructed prior to 2003 may be available in hard copy, but many owners are likely to be using water sources that pre-date 2003. VDHVDH recommends recommends thatthat the the project project teamteam performingperforming thethe sanitarysanitary surveysurvey contact eacheach local health department in the project area to obtain additional hard copy records to assure appropriate 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Memorandum January 27, 2017 Page 2 of 3

separation distances will be maintained between the proposed pipeline and private wells, springs, or cisterns serving nearby properties.properties. YouYou cancan find find contactcontact informationinformation for local health departments at http://www.vdh.virginia.gov/home/local-health-districtshttp://www. vdh. virginia. gov/home/local-health-districts

In additional to private well records, each local health department has records regarding the location ofonsiteof onsite sewage (septic) systems.systems. InIn addition addition toto makingmaking sure sure the pipeline does not impact groundwater and drinking water systems, the project team leading the the sanitary survey project should identify onsite sewagesewage systemssystems nearnear thethe pipeline'spipeline's finalfinal path.path. Property owners must submit an application to the local health department in which the property is located to relocate any onsite sewage system impacted by thethe pipeline'spipeline's construction.

The pipeline permitting and approval process should provide numerous options and safeguards to protect local and regional surface water water andand aquifers.aquifers. TheThe pipeline pipeline goes goes pass through karst topography, which presents specialized concerns. concerns. TheThe Atlantic Atlantic Coast Coast Pipeline will likely have a 42-inch diameter piping system. BuryingBurying thethe pipeline, pipeline, if if necessary, necessary, would likely require clearing wide swaths of brush, digging, boring, drilling, blasting and use of fuels and lubricants for heavy equipment. TheseThese activities activities can can adversely adversely affect affect karst karst landscapes landscapes or possibly create new sinkholes depending on site grading and landscaping.

The pipeline project needs to protect public health as follows:

•. FERC and/or the Atlantic Coast Pipeline project owners should provide VDH with copies of permits, plans, and studies performed throughout the project so VDH can stay informed, review material, and provide informal comments as necessary throughout the process.

•. FERC should provide a mechanism to keep the public and local property owners informed through public notice and solicitation of public comments (i.e.,(i. e., 30-day comment period). HoldingHolding informational informational meetings meetings to gathergather public input on the issues of water supply and recreational water to assess the impact of the project would be valuable. VDH should be invited to participate and offer formal comments though the permitting and application process. Specifically,Specifically, VDH VDH recommends recommends receiving public comments related to the following questions:

1.1. What are the public's concernsconcerns related to the impact of the project on water quality and quantity of private wells? 2. What are the public's concernsconcerns related to the impactimpact of the project on recreational use of surface water? 3. What role should VDH play in assuring that public health is protected in regard to private wells and recreational water use in regard to the project? 4. What safeguards should be in place to protect private wells and recreational water? 5. Are additional legislative safeguards desired to protect human health, drinking water, or recreational water? 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Memorandum January 27, 2017 Page 3 of 33

• FERC should acknowledge and address public comments received and defend any decision to issue an approval forfor thethe pipeline.pipeline. VDH stands ready to help ensureensure VDH'sVDH's comments are adequately addressed.

• The public should be allowed to request a public hearing on the project so that questions and information can be provided. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

COMMONWEALTHCOMMMWEALTfl ^fof VIRGJWAVIRGINIA Department of HealthHealth DIVISION OF SHEU.SHELLFISHFISH SANITATIONSANIT4TION 109109 GovernorGovernoi Street, RoomRoom 614-B(. I'l B Ph: 804-864-7487804-864-7487 Richmond,K. L-hinui.d, VA 23219 Fax: 804-864-7481804-864-7481

MEMORANDUM DATE: 2/3/2017 TO: Julia H.H. WellmanWellman Department of of Environmental Environmental Quality Quality FROM: B. Keith Skiles,Skiles, MPH, MPH, Director Director Division of of Shellfish Shellfish Sanitation Sanitation SUBJECT: Atlantic Coast Coast Pipeline Pipeline City // County:County: Cities Cities of of Suffolk Suffolk and and Chesapeake Chesapeake Waterbody: Nansemond Nansemond RiverRiver River (Mainsteam (Mainsteam (Mainsteam && WestWest& West Branch),Branch), Branch), SouthernSouthern Southern BranchBranch Branch ElizabethElizabeth Elizabeth River River Type: ED VPDES ❑DVMRC VMRC Q VPA ❑D VVVPVWP ED JPA J PA k Other:Other:^ Other: Draft Draft DraH Environmental EnvironmentalEnvironmental Impact ImpactImpact Statement Statement Statement Application // Permit/Permit Permit Number:Number: Number: 16-248F16-248F 16-248F

ElD TheThe projectproject project will will not not not affect affect affect shellfish shellfish shellfish growing growing growing waters. waters. ED The project is is located located in in or or adjacent adjacent to approvedto approved shellfish shellfish growing growing waters, waters, however, however, the activity the activity as as described will will not not require require a changea change in classification.in classification. L]D TheTheThe projectproject project is is located located in in inor or oradjacent adjacent adjacent to to condemned tocondemned condemned shellfish shellfish shellfish growing growing growing waters waters waters and and the the and activity, activity, the activity, asas described, as described, will notnot cause cause an an increase increase in in the the size size or typeor type of the of theexisting existing closure. closure. D The project will will affect affect condemned condemned shellfish shellfish waters waters and andwill not will cause not cause an increase an increase in the sizein the of size the total of the total condemnation. However, However,However, a a aprohibitedprohibited prohibited area area area (an (an (an area area area from from from whichwhich which shellfish shellfish shellfish relayrelay relay to approved to approved waters waters for self- for self- purification is is not not allowed) allowed) will will be berequired required within within a portion a portion of thethe of currentlycurrently the currently condemnedcondemned condemned area.area. See area. comments. See comments. [-] A buffer zone zone (including (including a prohibiteda prohibited area) area) has has been been previously previously established established in the invicinity the vicinity of this discharge, of this discharge, however, the the closure closure willwill will have have toto beto berevised. revised. MapMap Map attached. attached. D This projectproject will will affect affect approved approved shellfish shellfish waters. waters. IfIf this this If discharge thisdischarge discharge isis approved,approved, is approved, aa bufferbuffer a zonebuffer (including(including zone (including aa a prohibited area) area) will will be be established established in the in the vicinity vicinity ofof thethe of discharge.discharge. the discharge. Map attached.Map attached. V] Other. The December 2016 2016 proposedproposed route route of of the the project project will willcross cross condemned condemned shellfish shellfish growinggrowing growing waterswaters inwatersin threethree inlocations:locations: three locations: 1] 1] Western BranchBranch Nansemond Nansemond River, River, 2] 2]Nansemond Nansemond River, River, and and 3]3] SouthernSouthern 3] Southern Branch Branch Elizabeth Elizabeth River.River. River.The activity, The activity, as described, as described, will notnot cause cause an an increase increase in inthe the size size or typeor type of these of these existing existing shellfish shellfish closures closures provided provided the pipeline the pipelineinfrastructure infrastructure is installed is installed and operatedooerated in in a asafe safe and and prudent prudent manner manner that that is free is free from from the releasethe release of anyanv of harmful any harmful materials materials into these into watersheds. these watersheds. ADDITIONAL COMMENTS:

lV t:JM(A Area #:#: 63,63,63, 6565 I'tftWSTMfNIMN I WDHs WAllM eta ri1MY1wpr-awitnf I. 14.W^mi al Yr"tni^f^BN»»ti*f»»l tmeWwenavM V, . A.V(UI iit^ifMii.it yiH ',ha^Eifilfihb Nh 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

COMMONWEALTH of VIRGINIAWRGINIA

DEPARTMENT OF TRANSPORTATION TRANSPORTATION 140114B1 EAST BROAD STREET STREET RICHMOND, V1ROINIAVIRGINIA 23219 2000 Charles A.A. Kilpatrick,KUpatrick,Kilpatrick, P.E. P.E.P. E. CommissionerCoitiitiissioiM-r

March 3, 3, 20172017

Julia Wellman Wellman Department of of Environmental Environmental Quality Quality Office ofof Environmental Environmental Impact Impact ReviewReview Review 629 E. Main Street,Street, 66th6th Floor Richmond, VA VA 23219 23219

RE: Atlantic Coast CoastCoast Pipeline Pipeline (DEQ (DEQ (DEQ Project Project Number Number 16-248F) 16-248F) 16-248F)

DearDearMs. Ms. Wellman-WellmanWellman - -

The VirginiaVirginia Department Department of of TransportationTransportation Transportation is providing is providing comments comments on the on Draft the EnvironmentalDraft Environmental Impact Impact Statement (DEIS)(DEIS) for forfor the the Atlantic Atlantic Atlantic Coast Coast Coast PipelinePipeline Pipeline (ACP)(ACP) (ACP) and and and SupplySupply Supply HeaderHeader Header ProjectProject Project (SHP) (SHP) (SHP) as proposed as proposed by by Atlantic Coast CoastCoast Pipeline, Pipeline, LLC LLC(Atlantic) (Atlantic) (Atlantic) and and Dominion Dominion Transmission,Transmission, Transmission, Inc.Inc. (DTI),(DTI), Inc. (DTI),respectively. respectively. respectively. The below The below represents the the general general comments comments of ofour our our agency. agency. agency.

General (Statewide)(Statewide) Comments Comments 1. VDOTVDOT requestsrequests that that FERC FERC FERC includeinclude include in in inthe the the Final Final Final EIS E15 EIS and and and thethe the RecordRecord Record ofof DecisionDecision of Decisionthe the following:following: the following: a. a commitment forfor for Atlantic Atlantic Atlantic and and and DTI DTI DTI to documentto document the theexisting existing conditions conditions of affected of affected roadways, pavement pavement conditions, conditions, and and drainage drainage structuresstructures structures inin VirginiaVirginia in Virginia priorprior totoprior to construction andand and to to to provide provide provide this this this documentation documentation documentation toto VDOT; VDOT; to VDOT; b. a commitment forfor for Atlantic Atlantic and and and DTI DTI DTI toto monitorto monitor and and reportreport report conditions conditions throughout throughout throughout construction and and for for a perioda period ofof twotwoof two yearsyears years following following constructionconstruction construction completioncompletion; completion ; and ; and c. a clear commitmentcommitmentcommitment for for Atlantic Atlantic Atlantic and and and DTI DTI DTI to restoreto restore roadway roadway features features to pre- to pre- construction conditions conditions oror better.or better. 2. Any workworkwork that that occurs occurs within within VDOT VDOT VDOT right-of-way right-of-way or easements or easements or or impacts or impacts vehicular vehicular vehicular traffic traffic traffic operations on on VDOT VDOT highways highways will will will be be required required to complycomply to comply with withthe the Land Landthe LandUse Use Permit Permit Use Permit Regulations Regulations Regulations (24VAC30-151)(24VAC30-151) and and all allall current currentcurrent VDOT VDOT specifications specifications specifications and and and standards,standards, standards, includingincluding including the the Virginia the Virginia Work Work Area ProtectionProtection Manual. Manual.

VirginiaDOT.orgVirginiaDOT.org WE KEEP VIRGINIA MOVINGMOVING 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Page 2 March 3,3, 20172017

3. Detailed plansplans for for all all work workwork within within the the right-of-way right-of-way will needwill needneed to be tosubmitted bebe submitted submitted and approved and and approved approved by by by VDOT prior to to land landland use use permit permit issuance. issuance.issuance. 4. A detailed traffic traffic management management plan, plan, plan, encompassing encompassing encompassing how howhow traffic traffic will be will managed be managed or detoured or detoured during highway highway improvements improvements for forhandling handling handling construction construction traffic trafficand during and duringpipeline pipeline installation installation across highways highwayshighways should should should be bebe provided providedprovided as partas part of the of FERC the FERC EIS EISEISor requiredor or required required to be to toprovided bebe provided prior or prior or concurrently with with detailed detailed plans plans for forwork work within within the highway the highway right-of-way. right-of-way. 5. Any parallel parallel installations installations of of pipeline pipeline in highway in highway right-of-way right-of-way should shouldshould be located be be located located as close as as to close the to the edge of of the the right-of-way right-of-way right-of-way as as as possible. possible. possible. 6. Experience inin some somesome districts districts with withwith the the movement movement of heavy ofof heavy heavy loads loadsloads has shown has shown that construction that constructionconstruction traffic in in the the winter winter may may may have have have an an aninordinate inordinate inordinate destructive destructive destructive impact impact impact compared compared compared to such to to traffic such such intraffic in in warmer seasons. seasons.seasons. Movement MovementMovement of of heavyof heavy heavy loads loads loads or equipmentor or equipment equipment (construction (construction (construction traffic) traffic)traffic) should should shouldoccur occuroccur mostly in in the the normal normal construction construction season. season. If construction IfIf construction construction is on-going isis on-going in the winter,in the winter,such traffic suchsuch traffic should be be limited limited as as much much as as practicable practicable during during cold cold cold weather. weather.weather. 7. Entrances along along roadways roadways impacted impacted by bypipelineby pipelinepipeline construction constructionconstruction should should remain remain open as openopen much as as as much much asas practicable. If If Ifclosures closures closures are are necessary, necessary, negotiation negotiation with with withthe entrance the entrance owners owners and provision and provision of of alternate accessaccess access or or or other other accommodations accommodations will willhave have to be toto provided be provided as part as of part the ofofproject. the project. 8. Crossings ofof of limited limitedlimited access access highway highwayhighway right-of-way right-of-wayright-of-way should should be made be mademade as close as as close asclose possible asas possible to to perpendicular to to the the right-of-way right-of-wayright-of-way and andand will will willrequire require require additional additional additional approvals. approvals.approvals. 9. Crossings of of state state state highways highways highways should,should, should, when when when practicable, practicable, practicable, be made be be made made without withoutwithout open-cutting open-cuttingopen-cutting the the pavement.

InIn addition to to the thethe above aboveabove requests requestsrequests we we are areare also alsoalso providing providing the attachedthethe attached additional additional comments comments from VDOT fromfrom VDOT districts impacted impactedimpacted by byby the thethe project. project.project. We We Wetrust trust trust you you findyou findthese find these these comments comments comments informative informative informative and ask and and that ask ask you that reach you you reachreach out to to Mr. Mr.Mr. Robert Robert Robert Hofrichter Hofrichter Hofrichter at at804-786-0780at 804-786-0780 804-786-0780 should shouldshould you you youhave have have questions questions questions or need or needadditional additional clarifications.

Regards, d M__. <-y, ^u \ Angel E^. .'Teem.'Teem ^Jeem Environmental Division Division Director Director

Attachment

cc:ec: Mr.Mr. RobertRobert Hofrichter, Hofrichter,Hofrichter, VDOTVDOT VDOT 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Attachment Atlantic Coast Pipeline (DEQ(DEQ Project Number 16-248F) Summary of ofVDOT VDOT District-SpecificDistrict-Specific Comments Comments

Staunton DistrictDistrict 1.1. TheThe current current pipeline pipeline route route will will impact impact Highland, Highland, Bath, Bath, and and Augusta Augusta Counties Counties within the district.

Lynchburg District 1. The current pipeline pipeline route route will will impactimpact Nelson, Nelson, Buckingham, Buckingham, Cumberland, and Prince Prince Edward Edward Counties within the district, for a length of approximately 68.7 68.7 miles.miles. 2. The current planplan shows a compressor station station in in Buckingham Buckingham County near Route 56. 3. There is is one active active VDOT VDOTSecondary Secondary Six-YearSix-Year Plan Plan project project that that overlapsoverlaps thethe planned ACP ACP project in thethe district: RouteRoute 644 644 between between Route Route 24 24 and and Route Route 638 638 (UPC (UPC T18765). T18765). 4. Two active projects are relativelyrelatively close toto the ACP routeroute and should be closely monitored during construction phasephase for for potential potential conflicts: conflicts: RouteRoute 737 737 between between Route Route 664 664 and and Route Route 601 601 (UPC (UPC T18770) and Route 151 151 at at Route Route 664 664 (UPC (UPC 109528). 5. There are eight plannedplanned repaving repaying and treatment jobs jobs currently currently scheduled scheduled along along or or near near the the ACP ACP route. a. Route 151 from 0.1050. 105 milemile North ofof Route Route 664 664 to to Route Route 612 612 (UPC (UPC 109694) b. Route 722 from RouteRoute 56 56 to to Route Route 645 645 (UPC (UPC 109318) c. Route 646 from Route 56 to endend of of hard hard surface surface (UPC (UPC 109152) d. Route 626 from RouteRoute 56 56 to to Route Route 743 743 (UPC (UPC 107453) e. Route 633 from RouteRoute 15 15 to to Route Route 640 640 (UPC (UPC 109151) f. Route 609 from RouteRoute 636636 to RouteRoute 15 15 (UPC (UPC 107498) g. Route 633 from RouteRoute 15 15 to to Route Route 640 640 (UPC (UPC 109151) h. Route 15 from RouteRoute 636636 toto 0.920. 92 mile mile NorthNorth of of Route Route 633 633 (UPC (UPC 107925)

Richmond District 1.1. ACP workwork maymay havehave anan impact on the following following major major highways highways in in RichmondRichmond District: District: 1-85,1-95,1-85, 1-95, Route 58, Route 360, and Route 460. 2. The ACP project project maymay havehave anan impact on an activeactive VDOTVDOT project:project: RouteRoute 616616 inin DinwiddieDinwiddie County (UPC 106204).106204).

Hampton RoadsRoads DistrictDistrict 1. The current pipelinepipeline routeroute will will impact Greensville and Southampton Counties Counties and the Cities Cities of Suffolk andand Chesapeake within thethe district, for a length of approximately 75.775. 7 miles. 2. The pipeline should coordinate plansplans with municipal authorities for construction ofof roadways roadways inin Chesapeake and and Suffolk. Suffolk. 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

COMMONWEALTH of VIRGINIA Marine Resources Commission 2600 Washington Avenue Molly Joseph Ward Third Floor John M.R.M. R. Bull Secretary of Natural Resources Newport News, Virginia 23607 Commissioner FebruaryFebmary22, 22, 2017

M.Ms.s. Julia Wellman Department of Environmental Quality Office of Environmental Impact Review 629 E. Main Street, 6th Floor Richmond, VA 23219 Re: Atlantic Coast Pipeline and Supply Header Project Draft Environmental Impact Statement FERC/EIS-0274D Dear Ms. Wellman:

This will respond to your agency's requestrequest forfor review ofof the above-referenced Draft Environmental Impact Statement (DEIS) prepared by the Federal Energy Regulatory Commission (FERC). Atlantic Coast Pipeline, LLC (Atlantic) and Dominion Transmission, Inc. (DTI), request authorization to construct and operate a total of 641.641.33 miles of an interstate natural gas transmission pipeline, known as the Atlantic Coast Pipeline (ACP) and Supply Header Project (SHP), in Docket Numbers CP15-554-000, CP15-554-001, and CP15-555-000.CP15-555-000. The two projects, when considered as one, propose workwork inin Pennsylvania,Pennsylvania, West Virginia,Virginia, VirginiaVirginia andand NorthNorth Carolina.Carolina. Together these projects wouldwould provideprovide aboutabout 1.44 1. 44 billion billion cubic cubic feet feet per per day day of of natural natural gas gas to to electric electric generation,generation, distribution, and end use markets in Virginia and North Carolina.

As proposed, all work associated with the SHP is restricted to West Virginia and Pennsylvania. As such, all comments to follow will be restricted to the ACP, which proposes work in West Virginia, Virginia and NorthNorth Carolina. InIn Virginia, Virginia, thethe ACP ACP will will bebe constructed constructed within a right-of-way originating in Highland County and will pass through multiple Counties and beneath multiple waterways, exiting the Commonwealth in Greensville County.

The Virginia Marine Resources Commission (Commission), as the custodian of Virginia's submerged lands, has thethe proprietary authority and responsibility to issue permits for activities that take place over, under,under, throughthrough and on allall submergedsubmerged landslands throughoutthroughout thethe Commonwealth.Commonwealth. This authority is based on the Commonwealth's ownership of submerged lands, as provided for in Chapter 1212 of Title 28.28.22 of the Code of Virginia, and was clarified through an opinion by Gerald L. Baliles, Attorney General, onon MayMay 3, 1982. ThisThis opinion opinion stated, stated, in part, that "(t)he "(t)he Commission should assume that all streams above some administratively determined minimum size...."size.... " are subject to its jurisdiction. TheThe Commission Commission has has defined defined thethe minimum minimum size size of ofnon-tidal non-tidal waterwayswaterways as those perennial streams with a drainage area of five (5) square miles or with a mean annual instream flow of five (5) cubic feet per second. An Agency of the Natural Resources Secretariat www.mro.virginia.govwww.mrc.virginia.govwww.mrc. Virginia,go v Telephone (757) 247-2200 (757)(757) 247-2292 247-2292 V/TDD V/TDD Information Information and Emergency Hotline 1-800-541-46461-800-541-4646 V/TDD 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Ms. Julia Wellman February 22, 2017 Page Two

Given these thresholds,thresholds, VMRC will exert jurisdiction jurisdiction over 9292 of the the project'sproject's 663 non-tidal stream crossings in Virginia,Virginia, based on drainages areas currently identified in the DEIS, and three (3) tidal streams. TheThe project project willwill additionallyadditionally impactimpact approximately 67,95467, 954 square feet (1.56(1. 56 acres) of tidal wetlands inin thethe CityCity ofof Chesapeake.Chesapeake. TheThe Commission Commission is acting as the local wetlands board, pursuant to Chapter 13 ofof Title 28.28.22 oftheCodeofof the Code of Virginia, for for thethe proposedproposed project since the City of Chesapeake has not adoptedadopted the model wetlands ordinance contained within the Virginia Wetlands Act.

Proposed activities within the non-tidal waterways identified in the DEIS with less than a five (5) square milemile drainage basin, or in adjacent non-tidal wetlands and uplands, do not require authorization from this agency.

For thejurisdictional the jurisdictional stream crossings, appropriate construction methodologies for buried utilities routinely permittedpermitted by the Commission include directional drill, cofferdam construction, dam and pump or flume-around technology. technology. SinceSince ACPACP proposes proposes to installinstall the Virginia portion of the proposed pipeline pipeline with thethe aforementioned construction methodologies and best management practices, the Commission currently views this component of the project as consistent with its Subaqueous Guidelines.

We also understand thatthat the applicant has been working with the Department of Game and Inland Fisheries (DGIF) regarding project specific impacts to freshwater aquatic resources for all waterbody crossings. AsAs such, such, thethe Commission Commission recommendsrecommends that the FEIS include a table citing the DGIF recommendations at each of the VMRC non-tidalnon-tidaljurisdictional jurisdictional stream crossings and the applicant's intentionintention of following those recommendations.

We recommend thatthat all proposed VMRCVMRCjurisdictional jurisdictional stream crossings adhere to the Commission's standard standard instream permit permit conditions conditions listed below:

(1) A "frac-out" contingencycontingency plan must be provided for any crossings utilizing the directional drill method to address potential frac-outs or related spills associated with any directional drillingdrilling activities. In an effort to minimize adverseadverse impactsimpacts to threatened andand endangered endangered fishfish and mussel species, instream surveys and species relocations may be required; (2) No instream construction construction shall shall be conducted during any recommended time-of-year restrictions of any year unless waived by DGIF in writing; (3) The instream construction activities shall be accomplished during low flow periods utilizing dam and pump, flume around or within cofferdams constructed of non-erodible materials in such a manner that no more than half the width of the waterway is obstructed at any point in time.time. AllAll areasareas of of State-owned State-owned bottom and adjacent lands disturbed by this activity shall be restored to their original contours and natural conditions withinwithin thirty (30) days from the date of completion of the authorized work. AllAll excess excess materials materials shallshall bebe removed removed toto anan upland upland site and contained in such such aa manner to prevent its reentry into State waters; 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

Ms. Julia Wellman February 22, 2017 Page Three

(4) Erosion and sediment control measures shall be in conformance with the 19921992 Third Edition of the Virginia Erosion and Sediment Control Handbook and shall be employed throughout construction; (5) If itit is determined that blasting is necessary at any of the crossings, DGIF shall be notified a minimum of 48 hours in advance of the blasting; (6) The Department of Conservation and Recreation shall be contacted for any stream crossings where karst landscape features are encountered during installation; (7) DGIF shall be contacted for any work in trout waters to avoid conflicts with trout stocking activities.

We also concur with FERC's recommendations recommendations that, prior to completing any geotechnical boring beneath streams in karst terrain, Atlantic should consult with VDCR karst protection personnel regarding each geotechnical boring and followfollow thethe VirginiaVirginia CaveCave Board'sBoard's "Karst Assessment Standard Practice" for land development when completing borings.

Lastly, for all proposed temporary and permanent tidal wetland impacts, VMRC recommends that the FEIS contain a copy of the final wetland mitigation plans for consideration by Commission staff. Additionally,Additionally, Atlantic Atlantic and and DTI DTI should should implement implement the the measures measures identified identified inin their Invasive Plant Species Management Plan to minimize the potential introductionintroduction of ofthe the invasive invasive common common reed,reed, PhragmitesPhragmifes australis,austfalls, for all wetlandwetland crossingcrossing sites sites except except for for site site wChro002. waro002.

Please be advised that the Commission's final permit action and identification of specific permit conditions cannot be finalized until completion of the National Environmental Policy Act (NEPA) documentation and our public interestinterest permit review process.

Should you have any questions regarding this letter, please feel free to contact me at (757)(757)247-2200. 247-2200.

Sincerely,

Randal D. Owen Environmental Engineer

RDO/lra HM cc:ec: John M. R. Bull, Commissioner Tony Watkinson, Chief Habitat Management Ray Femald,Fernald, Department of Game and Inland Fisheries Dr. Mark Luckenbach, Virginia Institute of Marine Science 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

vV VIRGINIA OUTDOORS FOUNDATION March 10,10, 2017

Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street NE, Room 1A1A Washington, D.C.D. C. 20426

RE: Atlantic Coast Pipeline, LLC Atlantic Coast Pipeline Docket No. CP15-554-001 VOF comments on the DEIS

Dear Secretary Bose:

The VirginiaVirginia Outdoors FoundationFoundation (VOF) (VOF) would would like like to to filefile comments withwith FERC on thethe DraftDraft Environmental ImpactImpact StatementStatement (DEIS)(DEIS) issued issued on on DecemberDecember 30, 30, 20162016 andand toto provideprovide anan update on the VOF Board of Trustees meeting held on February 99th,th, 2017 where Atlantic Coast Pipeline (ACP)(ACP) presented its applications for conversion of open space land on 1010 VOF easements.

The DEISDEIS issuedissued by FERCFERC onon DecemberDecember 3030thth addressedaddressed thethe VOFVOF open open space space easements easements potentially potentially impacted by the ACP in several areas. InIn section section 3.4.1 3.4. 1 FERCFERC addressed addressed thethe Spruce Spruce Creek Creek Variation, Variation, which which would crosscross an an 1 11th1 th VOFVOF openopen spacespace easement inin Nelson County.County. TheThe VOFVOF wrote a letterletter toto FERCFERC onon September 6, 2016 statingstating that crossingcrossing this openopen spacespace easementeasement couldcould impairimpair thethe significantsignificant resourcesresources found on the property includingincluding historic sites, scenicscenic protection, open farmfarm land,land, riparianriparian areas,areas, deciduousdeciduous woodlands and diverse wildlife habitat.

In the DEIS, after comprehensive analysis, your staff stated that, "based on the factorsfactors discussed above and information presentedpresented inin thethe numerous commentcomment lettersletters filedfiled forfor thesethese routes,routes, itit does not appear that the Spruce Creek Route VariationVariation would offeroffer aa significantsignificant environmentalenvironmental advantageadvantage when comparedcompared to Atlantic's proposedproposed route and we do notnot recommendrecommend that itit bebe incorporatedincorporated as part ofof thethe project."project. " VOFVOF supports the FERC staffstaff determinationdetermination and hopes that thisthis recommendationrecommendation will be incorporatedincorporated into the Final Environmental Impact Statement (FEIS).

Even without the inclusioninclusion of this 11lltth openopen spacespace easementeasement inin Nelson Nelson County,County, thethe Commonwealth's Commonwealth's protected conserved lands and VOF's openopen spacespace programprogram wouldwould bebe significantlysignificantly impacted byby this project. FERC staff made the following statement regarding thethe crossing of 1010 open space easements: "based on a review of the regulations pertaining to VOF easements, it is believed that the project would not be precluded from establishing an easement for ACP on each VOF easement crossed. Atlantic submitted applications for each easement for minor conversions and,and, along with the VOF,VOF, agreedagreed to deferdefer VOFVOF considerationconsideration of Atlantic's conversionconversion applicationsapplications until after publication of this EIS."

Executive OfficeOffice I j NorthernNorthern Piedmont Piedmont Region Region 139 | 39 Garrett GarrettSt. St. Ste. Ste. 200 200 I |Warrenton, WarrenSon, VA VA 20186 20186 I |P: P: 540.347.7727 540. 347. 7727

www.virginiaoutdoorsfoundation.orgwww. virginiaoutdoorsfoundation. org 20170406-5489 FERC PDF (Unofficial) 4/6/2017 3:02:35 PM

The VOF has consistently taken the position that construction, maintenance and operation of the interstate gas transmission line is inconsistent with the open space protections afforded by the subject easements. Therefore, the construction, operation and maintenance of the ACP will constitute a conversion of the easement property as outlined in Va. Code § 10.10.1-1704.1-1704. VOFVOF hashas statedstated onon manymany previous occasions that the impactimpact is very significant and by no means "minor"."minor".

ACP presented its applications for conversion of open space on the 1010 VOFVOF easements easements in Highland,Highland, Bath,Bath, Augusta and Nelson Counties at thethe FebruaryFebruary 9,9, 20162016 VOFVOF BoardBoard ofof TrusteesTrustees meeting.meeting. The VOF Board of TrusteesTmstees (BOT) heard presentations byby bothboth the ACP and VOF staff onon thethe applicationsapplications and thethe proposedproposed mitigation forfor converting openopen spacespace land.land. TheThe BOT BOT also also heard heard comments comments from from many many landowners, landowners, including landownerslandowners directly directly impacted impacted by by the the project project on on VOFVOF easementeasement land. land. TheyThey alsoalso heardheard fromfrom various individuals and organizations opposed to and in support of the pipeline.

After listening to all the information presented during the public comment period and by the ACP and and VOF VOF staff, the Board voted to defer a decision on the Atlantic Coast Pipeline applications. However,However, to ensureensure that FERC has the benefit of the staff'sstaffs conclusionsconclusions andand findings,findings, thethe BoardBoard directeddirected thethe ExecutiveExecutive DirectorDirector to provide FERC with the VOF staff reports on the ACP conversion applications.

Attached toto this filing, you will find the 1010 VOFVOF staff reports for the ACP applications.applications. TheseThese reports reports include a great deal of background information on the VOF easements, as well as the findings of the staff on the statutory requirements under §10.§10.1-17041-1704 ofof thethe CodeCode ofof Virginia.Virginia. TheThe appendicesappendices of the reports include:include: ACP applications for Conversion of Open Space; Correspondences; VOF Baseline Documentation Reports; VOF Open SpaceSpace DeedsDeeds ofof Easement; Easement; StaffStaff Site Site InvestigationInvestigation andand Analysis;Analysis; PermanentPermanent ImpactImpact Profiles;Profiles; Open SpaceSpace Land Act, SectionSection 10.1-170410. 1-1704 Language;Language; CountyCounty Statements;Statements; andand referencereference to comprehensivecomprehensive Substitute Land Reports titled Hayfields Farm and Rockfish River Parcel.

The final conclusions forfor eacheach applicationapplication are are foundfound at at thethe endend of each staff report. TheseThese conclusions conclusions included aa number of recommendedrecommended conditionsconditions that that shouldshould bebe imposed onon any approval of thethe ACPACP applications. Specifically,Specifically, the the conclusions conclusions provide:

If the Board of Trustees finds finds that ACP applications meet meet the requirements of Section 10.1-1704,10. 1-1704, staff-wouldstaff would recommend the followingfollowing conditions:

•. IssuanceIssuance of a CertificateCertificate of Public Convenience and Necessity (Certificate)(Certifi cate) by FERC and all other necessary state and federalfederal permits for the proposed ACP route crossing this easement.

•. VOF approval and sign off of final final ROW easement permitting permitting only a permanentpermanent 50-foot easement for for one 42-inch diameter underground natural gas pipeline and the associated permanent access road easement. No above-ground structures are permitted'withinpermitted within this permanent ROWROW except for above ground pipeline markers asas required by law.lcrw.

•. ACP transfer ofoffee-simple fee-simple interest to VOF of the proposedproposed 1,034-acre1, 034-acre HayfieldsHayfields Farm Property and Rockfish River Parcel as Substitute Land for the converted areas of the open-space easement property.

•. The acceptance of funds funds fromfrom ACP to: (i)ft) serve as a Stewardship Fund to support VOF with the operation and management of the substitute properties,properties, and (ii) partiallypartially offsetoffset VOF's unreimbursed costs associated with the ACP.ACP

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•. Written requests fromfrom both VOF andACP and ACP to FERC to include the above stated requirements as conditions of the FERCFERC approval.

Additional site specific conditions may be developed with ACP representatives and the current landowner of the easement property such as minimizing thethe extent of the permanent easement and construction footprintfootprint where feasible,feasible, developing pollinator corridors and restoring other natural habitat areas to help preserve the purpose of the open-space deeddeed of of easement.

If a Final EIS is issued for this project, VOF respectfully requests these conditions be included in the Final EIS as requirements ACPACP mustmust satisfy.satisfy. Additionally,Additionally, ifif a a CertificateCertificate ofof PublicPublic Convenience Convenience and Necessity is issued for this project, VOF respectfully requests these conditions be included in the Certificate as requirements ACP must satisfy.

VOF appreciates thethe opportunity toto provide comments onon thethe DEIS and additional information onon VOF's own review process.process. WeWe hopehope thatthat thisthis willwill assistassist FERCFERC inin its its analysis analysis andand preparation preparation ofof thethe FinalFinal Environmental ImpactImpact StatementStatement (FE1S). (FEIS). Please contact Martha Little at 804-577-3337804-577-3337 oror via emailemail atat [email protected]@vofonline. org with any questions, comments or concerns.

Respectfully,

Xj(-6:11'

Brett Glymph Executive Director, VOF

CC [EMAIL ONLY]:

•. Molly Plautz,Plautz, External External Affairs Affairs Manager, Manager, Federal Federal Affairs,Affairs, DominionDominion ResourcesResources Services, Inc.

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