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HomeMy WebLinkAbout20181638 Ver 3_More Info Requested_20200612DocuSign Envelope ID: 426913275-1 B5F-4294-ACEA-2D61 D89B3E82 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality June 12, 2020 DWR # 20181638 v3 Alamance & Rockingham Counties Mountain Valley LLC Attn: Kathy Salvador 700 Universe Boulevard Juno Beach FL 33408 Subject: REQUEST FOR ADDITIONAL INFORMATION MVP Southgate Project Dear Ms. Salvador: On August 14, 2019, the Division of Water Resources (Division) received your application dated August 9, 2019, requesting a 401 Individual Water Quality Certification and Jordan Lake Buffer Authorization (15A NCAC 02B .0267) from the Division for your project. Since initial application the Division has received additional information regarding the application, most recently in March, April and May of 2020. In addition, on November 19, 2019, the Division held a Public Hearing regarding your application and received comments from the public until December 20, 2019. Upon review of the additional information submitted and continued review of the comments received during the public notice and comment period, the Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: The Pre -Construction Notification Form (application) that was submitted on August 14, 2019 states that the applicant for this project is Mountain Valley, LLC. FERC documentation related to this project indicate that the project will be developed, constructed, and owned by Mountain Valley Pipeline LLC. Please clarify this discrepancy and include information regarding the applicant/permittee for the associated Federal and State environmental permits for the MVP Southgate Project in Virginia and the Mountain Valley Pipeline Project (mainline). 2. The Division received numerous comments expressing concern over the potential construction of the MVP Southgate Project when Mountain Valley Pipeline Project (mainline) is currently under a stop work order and multiple legal delays/complications. As stated in the 401 D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 m )ry rN cxl4o:. i o.�ro�em or E�.w�����a�:r� /� 919.707.9000 DocuSign Envelope ID: 426913275-1 1351`4294-ACEA-21D61 D89133E82 Mountain Valley LLC DWR# 20181638 v3 Request for Additional Information Page 2 of 3 application documents, the overall purpose of the MVP Southgate Project is "to provide a timely, efficient, and cost-effective means of transporting natural gas from the existing terminus of the Mountain Valley Pipeline in Pittsylvania County, Virginia to the T-15 Dan River Interconnect in Rockingham County and then on to the T-21 Haw River Interconnect in Alamance County, North Carolina, so that the natural gas may be distributed to local and regional end users via those interconnects." In order for the Division to adequately address these comments as part of the review of the 401 Water Quality Certification application, please provide the following information with respect to these concerns: a. An update on the status of all Federal and State permits necessary for the construction of the MVP Southgate Project in Virginia and the Mountain Valley Pipeline Project (mainline); b. To the extent not covered under paragraph a, an update of all environmental permits necessary for the construction of the MVP Southgate Project in Virginia and the Mountain Valley Pipeline Project (mainline); c. An update on the status of all Federal and State litigation related to the MVP Southgate Project and the Mountain Valley Pipeline Project (mainline); d. A summary of all Federal and State compliance and enforcement actions (both resolved and pending) relating to the MVP Southgate Project in Virginia and the Mountain Valley Pipeline Project (mainline); e. An update on recent Federal and State legislation that affects the construction of MVP Southgate Project and the Mountain Valley Pipeline Project (mainline), including VA HB167; f. An explanation of the proposed phasing of construction and in-service date projections for both the MVP Southgate Project and the Mountain Valley Pipeline Project (mainline), including an explanation as to whether and to what extent construction is to occur simultaneously on the MVP Southgate Project and the Mountain Valley Pipeline Project (mainline); and g. An explanation as to how the information for each item (a-f) above affects the MVP Southgate project in North Carolina. Pursuant to Title 15A NCAC 02H .0502(e) and 15A NCAC 02B .0267, the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 15 calendar days of receipt of this letter by submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 15 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Water Quality Certification Rules or the Jordan Lake Riparian Buffer Rules for this activity and any work done within waters of the state or riparian buffers may be a violation of North Carolina General Statutes and Administrative Code. DocuSign Envelope ID: 426913275-1 B5F-4294-ACEA-2D61 D89133E82 Mountain Valley LLC DWR# 20181638 v3 Request for Additional Information Page 3 of 3 Please contact Sue Homewood at 336-776-9693 or Sue. Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, EDocuSigned by: Poyof 8FB19B649DD2478... Jeff Poupart, Chief Water Quality Permitting Section cc: Heather Patti, TRC Environmental Corporation (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) Olivia Munzer, NCWRC (via email) Todd Bowers, EPA (via email) Christopher A. Militscher, Chief, NEPA Section, Strategic Programs Office, USEPA, 61 Forsyth St SW, Atlanta GA 30303 Maria Clark, NEPA Section — Region 4, USEPA, 61 Forsyth St SW, Atlanta GA 30303 DWR WSRO 401 files DWR 401 & Buffer Permitting Unit